
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(d)(2)]
[Document affected by Public Law 107-107 Section 1048(d)(3)]
[Document affected by Public Law 107-107 Section 1048(d)(4)]
[Document affected by Public Law 107-107 Section 1048(d)(5)]
[Document affected by Public Law 107-107 Section 2821(a)]
[Document affected by Public Law 107-107 Section 2821(b)]
[Document affected by Public Law 107-107 Section 3001-3007]
[Document affected by Public Law 107-117 Section 8019]
[CITE: 10USC2687]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
CHAPTER 159--REAL 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 
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 Stat. 2624; Pub. L. 
99-145, title XII, Sec. 1202(a), Nov. 8, 1985, 99 Stat. 716; Pub. L. 
100-180, div. A, title XII, Sec. 1231(17), Dec. 4, 1987, 101 Stat. 1161; 
Pub. L. 101-510, div. B, title XXIX, Sec. 2911, Nov. 5, 1990, 104 Stat. 
1819; Pub. L. 104-106, div. A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 
110 Stat. 502; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 
1999, 113 Stat. 774.)


                               Amendments

    1999--Subsec. (b)(1). Pub. L. 106-65 substituted ``and the Committee 
on Armed Services'' for ``and the Committee on National Security''.
    1996--Subsec. (b)(1). Pub. L. 104-106 substituted ``Committee on 
Armed Services of the Senate and the Committee on National Security of 
the House of Representatives'' for ``Committees on Armed Services of the 
Senate and House of Representatives''.
    1990--Subsec. (e)(1). Pub. L. 101-510 inserted ``homeport facility 
for any ship,'' after ``center,'' and substituted ``under the 
jurisdiction of the Department of Defense, including any leased 
facility,'' for ``under the jurisdiction of the Secretary of a military 
department''.
    1987--Subsec. (e). Pub. L. 100-180 inserted ``The term'' after each 
par. designation and revised first word in quotes in each par. to make 
initial letter of such word lowercase.
    1985--Pub. L. 99-145 amended section generally, thereby applying the 
section only to closure of bases with more than 300 civilian personnel 
authorized to be employed and to realignments involving a reduction by 
more than 1,000, or by more than 50 percent, in the number of civilian 
personnel authorized to be employed at bases with more than 300 
authorized civilian employees, striking out advance public notice 
required by the Secretary of Defense or the Secretary of the military 
department concerned when an installation is a candidate for closure or 
realignment, requiring that all base closure or realignment proposals be 
submitted to the Committee on Armed Services of the Senate and of the 
House of Representatives as part of the annual budget request and that 
such proposals contain an evaluation of the fiscal, local economic, 
budgetary, environmental, strategic, and operational consequences of 
such action, providing that no irrevocable action to implement the 
closure to realignment could be taken until the expiration of 30 
legislative days or 60 calendar days, whichever is longer, and making 
explicit the authority of the Secretary to obtain architectural and 
engineering services under section 2807 of this title and to use funds 
that would otherwise be available to effect the closure or realignment 
after expiration of the notice period.
    1984--Subsec. (a)(2). Pub. L. 98-525, Sec. 1405(41)(A), substituted 
``1,000'' for ``one thousand''.
    Subsec. (b)(2). Pub. L. 98-525, Sec. 1405(41)(B), inserted ``(42 
U.S.C. 4321 et seq.)''.
    Subsec. (b)(4). Pub. L. 98-525, Sec. 1405(41)(C), substituted ``60'' 
for ``sixty''.
    Subsec. (d)(1)(B). Pub. L. 98-525, Sec. 1405(41)(D), substituted 
``300'' for ``three hundred''.
    1982--Subsec. (d)(1). Pub. L. 97-214 substituted ``a base, camp, 
post, station, yard, center, or other activity under the jurisdiction of 
the Secretary of a military department'' for ``any camp, post, station, 
base, yard, or other facility under the authority of the Department of 
Defense''.
    1978--Subsec. (d)(1)(B). Pub. L. 95-356 substituted ``three 
hundred'' for ``five hundred''.


                    Effective Date of 1985 Amendment

    Section 1202(b) of Pub. L. 99-145 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to closures 
and realignments completed on or after the date of the enactment of this 
Act [Nov. 8, 1985], except that any action taken to effect or implement 
any closure or realignment for which a public announcement was made 
pursuant to section 2687(b)(1) of title 10, United States Code, after 
April 1, 1985, and before the date of enactment of this Act shall be 
subject to the provisions of section 2687 of such title as in effect on 
the day before such date of enactment.''


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and applicable 
to military construction projects, and to construction and acquisition 
of military family housing authorized before, on, or after such date, 
see section 12(a) of Pub. L. 97-214, set out as an Effective Date note 
under section 2801 of this title.


                      Short Title of 1988 Amendment

    Pub. L. 100-526, Sec. 1, Oct. 24, 1988, 102 Stat. 2623, provided 
that: ``This Act [amending sections 1095a, 2324, 2683, and 4415 of this 
title, enacting provisions set out as notes under this section and 
sections 154 and 2306 of this title, and amending provisions set out as 
notes under section 2324 of this title] may be cited as the `Defense 
Authorization Amendments and Base Closure and Realignment Act'.''


Effective Date of 1994 Amendments by Section 2813(d)(1) and (2) of Pub. 
                               L. 103-337

    Pub. L. 103-337, div. B, title XXVIII, Sec. 2813(d)(3), Oct. 5, 
1994, 108 Stat. 3055, provided that: ``The amendments made by paragraphs 
(1) and (2) [amending section 209(10) of Pub. L. 100-526 and section 
2910(9) of Pub. L. 101-510, set out below] shall take effect as if 
included in the amendments made by section 2918 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 
1927).''


   Effective Date of 1991 Amendments by Section 344 of Pub. L. 102-190

    Pub. L. 102-190, div. A, title III, Sec. 344(c), Dec. 5, 1991, 105 
Stat. 1346, provided that: ``The amendments made by this section 
[amending provisions set out as notes below] shall apply with regard to 
the transfer or disposal of any real property or facility pursuant to 
title II of the Defense Authorization Amendments and Base Closure and 
Realignment Act [Pub. L. 100-526, set out below] or the Defense Base 
Closure and Realignment Act of 1990 [part A of title XXIX of div. B of 
Pub. L. 101-510, set out below] occurring on or after the date of the 
enactment of this Act [Dec. 5, 1991].''


       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 U.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 U.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.
        ``(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 [sic] 
    title I of the Workforce Investment Act of 1998 [29 U.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.
    ``(e) 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 
    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.''


  Retention of Civilian Employee Positions at Military Training Bases 
                      Transferred to National Guard

    Pub. L. 104-201, div. A, title XVI, Sec. 1602, Sept. 23, 1996, 110 
Stat. 2734, provided that:
    ``(a) Retention of Employee Positions.--In the case of a military 
training installation described in subsection (b), the Secretary of 
Defense shall retain civilian employee positions of the Department of 
Defense at the installation after transfer to the National Guard to 
facilitate active and reserve component training at the installation. 
The Secretary shall determine the extent to which positions at the 
installation are to be retained as positions of the Department of 
Defense in consultation with the Adjutant General of the National Guard 
of the State in which the installation is located.
    ``(b) Military Training Installations Affected.--This section 
applies with respect to each military training installation that--
        ``(1) was approved for closure in 1995 under the Defense Base 
    Closure and Realignment Act of 1990 (part A of title XXIX of Public 
    Law 101-510; 10 U.S.C. 2687 note);
        ``(2) is scheduled for transfer to National Guard operation and 
    control; and
        ``(3) will continue to be used, after such transfer, to provide 
    training support to active and reserve components of the Armed 
    Forces.
    ``(c) Maximum Positions Retained.--The number of civilian employee 
positions retained at an installation under this section may not exceed 
20 percent of the Federal civilian workforce employed at the 
installation as of September 8, 1995.
    ``(d) Removal of Position.--The requirement to maintain a civilian 
employee position at an installation under this section terminates upon 
the later of the following:
        ``(1) The date of the departure or retirement from that position 
    by the civilian employee initially employed or retained in the 
    position as a result of this section.
        ``(2) The date on which the Secretary certifies to Congress that 
    the position is no longer required to ensure that effective support 
    is provided at the installation for active and reserve component 
    training.''


                 Use of Funds To Improve Leased Property

    Section 2837(b) of Pub. L. 104-106 provided that: ``Notwithstanding 
any other provision of law, a department or agency of the Federal 
Government that enters into a lease of property under section 
2905(b)(4)(C) [now 2905(b)(4)(E)] of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note), as amended by subsection (a), may improve the leased 
property using funds appropriated or otherwise available to the 
department or agency for such purpose.''


 Regulations To Carry Out Section 204(e) of Pub. L. 100-526 and Section 
                       2905(f) of Pub. L. 101-510

    Section 2840(c) of Pub. L. 104-106 provided that: ``Not later than 
nine months after the date of the enactment of this Act [Feb. 10, 1996], 
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 
U.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 U.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, 1995] for any project on an installation that--
        ``(1) was included in the closure and realignment 
    recommendations submitted by the Secretary of Defense to the Base 
    Closure and Realignment Commission on February 28, 1995, unless 
    removed by the Base Closure and Realignment Commission, or
        ``(2) is included in the closure and realignment recommendation 
    as submitted to Congress in 1995 in accordance with the Defense Base 
    Closure and Realignment Act of 1990, as amended (Public Law 101-510) 
    [part A of title XXIX of div. B of Pub. L. 101-510, set out below]:
Provided, That the prohibition on obligation of funds for projects 
located on an installation cited for realignment are only to be in 
effect if the function or activity with which the project is associated 
will be transferred from the installation as a result of the 
realignment: Provided further, That this provision will remain in effect 
unless the Congress enacts a Joint Resolution of Disapproval in 
accordance with the Defense Base Closure and Realignment Act of 1990, as 
amended (Public Law 101-510).''


Applicability to Installations Approved for Closure Before Enactment of 
                             Pub. L. 103-421

    Pub. L. 103-421, Sec. 2(e), Oct. 25, 1994, 108 Stat. 4352, as 
amended by Pub. L. 104-106, div. A, title XV, Sec. 1505(f), Feb. 10, 
1996, 110 Stat. 515; Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 
1675, provided that:
    ``(1)(A) Notwithstanding any provision of the 1988 base closure Act 
or the 1990 base closure Act, as such provision was in effect on the day 
before the date of the enactment of this Act [Oct. 25, 1994], and 
subject to subparagraphs (B) and (C), the use to assist the homeless of 
building and property at military installations approved for closure 
under the 1988 base closure Act or the 1990 base closure Act, as the 
case may be, before such date shall be determined in accordance with the 
provisions of paragraph (7) of section 2905(b) of the 1990 base closure 
Act, as amended by subsection (a), in lieu of the provisions of the 1988 
base closure Act or the 1990 base closure Act that would otherwise apply 
to the installations.
    ``(B)(i) The provisions of such paragraph (7) shall apply to an 
installation referred to in subparagraph (A) only if the redevelopment 
authority for the installation submits a request to the Secretary of 
Defense not later than 60 days after the date of the enactment of this 
Act.
    ``(ii) In the case of an installation for which no redevelopment 
authority exists on the date of the enactment of this Act, the chief 
executive officer of the State in which the installation is located 
shall submit the request referred to in clause (i) and act as the 
redevelopment authority for the installation.
    ``(C) The provisions of such paragraph (7) shall not apply to any 
buildings or property at an installation referred to in subparagraph (A) 
for which the redevelopment authority submits a request referred to in 
subparagraph (B) within the time specified in such subparagraph (B) if 
the buildings or property, as the case may be, have been transferred or 
leased for use to assist the homeless under the 1988 base closure Act or 
the 1990 base closure Act, as the case may be, before the date of the 
enactment of this Act.
    ``(2) For purposes of the application of such paragraph (7) to the 
buildings and property at an installation, the date on which the 
Secretary receives a request with respect to the installation under 
paragraph (1) shall be treated as the date on which the Secretary of 
Defense completes the final determination referred to in subparagraph 
(B) of such paragraph (7).
    ``(3) Upon receipt under paragraph (1)(B) of a timely request with 
respect to an installation, the Secretary of Defense shall publish in 
the Federal Register and in a newspaper of general circulation in the 
communities in the vicinity of the installation information describing 
the redevelopment authority for the installation.
    ``(4)(A) The Secretary of Housing and Urban Development and the 
Secretary of Health and Human Services shall not, during the 60-day 
period beginning on the date of the enactment of this Act [Oct. 25, 
1994], carry out with respect to any military installation approved for 
closure under the 1988 base closure Act or the 1990 base closure Act 
before such date any action required of such Secretaries under the 1988 
base closure Act or the 1990 base closure Act, as the case may be, or 
under section 501 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11411).
    ``(B)(i) Upon receipt under paragraph (1)(A) of a timely request 
with respect to an installation, the Secretary of Defense shall notify 
the Secretary of Housing and Urban Development and the Secretary of 
Health and Human Services that the disposal of buildings and property at 
the installation shall be determined under such paragraph (7) in 
accordance with this subsection.
    ``(ii) Upon receipt of a notice with respect to an installation 
under this subparagraph, the requirements, if any, of the Secretary of 
Housing and Urban Development and the Secretary of Health and Human 
Services with respect to the installation under the provisions of law 
referred to in subparagraph (A) shall terminate.
    ``(iii) Upon receipt of a notice with respect to an installation 
under this subparagraph, the Secretary of Health and Human Services 
shall notify each representative of the homeless that submitted to that 
Secretary an application to use buildings or property at the 
installation to assist the homeless under the 1988 base closure Act or 
the 1990 base closure Act, as the case may be, that the use of buildings 
and property at the installation to assist the homeless shall be 
determined under such paragraph (7) in accordance with this subsection.
    ``(5) In preparing a redevelopment plan for buildings and property 
at an installation covered by such paragraph (7) by reason of this 
subsection, the redevelopment authority concerned shall--
        ``(A) consider and address specifically any applications for use 
    of such buildings and property to assist the homeless that were 
    received by the Secretary of Health and Human Services under the 
    1988 base closure Act or the 1990 base closure Act, as the case may 
    be, before the date of the enactment of this Act [Oct. 25, 1994] and 
    are pending with that Secretary on that date; and
        ``(B) in the case of any application by representatives of the 
    homeless that was approved by the Secretary of Health and Human 
    Services before the date of enactment of this Act, ensure that the 
    plan adequately addresses the needs of the homeless identified in 
    the application by providing such representatives of the homeless 
    with--
            ``(i) properties, on or off the installation, that are 
        substantially equivalent to the properties covered by the 
        application;
            ``(ii) sufficient funding to secure such substantially 
        equivalent properties;
            ``(iii) services and activities that meet the needs 
        identified in the application; or
            ``(iv) a combination of the properties, funding, and 
        services and activities described in clauses (i), (ii), and 
        (iii).
    ``(6) In the case of an installation to which the provisions of such 
paragraph (7) apply by reason of this subsection, the date specified by 
the redevelopment authority for the installation under subparagraph (D) 
of such paragraph (7) shall be not less than 1 month and not more than 6 
months after the date of the submittal of the request with respect to 
the installation under paragraph (1)(B).
    ``(7) For purposes of this subsection:
        ``(A) The term `1988 base closure Act' means title II of the 
    Defense Authorization Amendments and Base Closure and Realignment 
    Act (Public Law 100-526; 10 U.S.C. 2687 note).
        ``(B) The term `1990 base closure Act' means the Defense Base 
    Closure and Realignment Act of 1990 (part A of title XXIX of Public 
    Law 101-510; 10 U.S.C. 2687 note).''


                     Preference for Local Residents

    Pub. L. 103-337, div. A, title VIII, Sec. 817, Oct. 5, 1994, 108 
Stat. 2820, provided that:
    ``(a) Preference Allowed.--In entering into contracts with private 
entities for services to be performed at a military installation that is 
affected by closure or alignment under a base closure law, the Secretary 
of Defense may give preference, consistent with Federal, State, and 
local laws and regulations, to entities that plan to hire, to the 
maximum extent practicable, residents of the vicinity of such military 
installation to perform such contracts. Contracts for which the 
preference may be given include contracts to carry out environmental 
restoration activities or construction work at such military 
installations. Any such preference may be given for a contract only if 
the services to be performed under the contract at the military 
installation concerned can be carried out in a manner that is consistent 
with all other actions at the installation that the Secretary is legally 
required to undertake.
    ``(b) Definition.--In this section, the term `base closure law' 
means the following:
        ``(1) The provisions of title II of the Defense Authorization 
    Amendments and Base Closure and Realignment Act (Public Law 100-526; 
    10 U.S.C. 2687 note).
        ``(2) The Defense Base Closure and Realignment Act of 1990 (part 
    A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
    ``(c) Applicability.--Any preference given under subsection (a) 
shall apply only with respect to contracts entered into after the date 
of the enactment of this Act [Oct. 5, 1994].
    ``(d) Termination.--This section shall cease to be effective on 
September 30, 1997.''


Government Rental of Facilities Located on Closed Military Installations

    Pub. L. 103-337, div. B, title XXVIII, Sec. 2814, Oct. 5, 1994, 108 
Stat. 3056, 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 U.S.C. 601 et seq.) and the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 471 et 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 U.S.C. 2687 note).
        ``(2) Title II of the Defense Authorization Amendments and Base 
    Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 
    note).''


    Report of Effect of Base Closures on Future Mobilization Options

    Pub. L. 103-337, div. B, title XXVIII, Sec. 2815, Oct. 5, 1994, 108 
Stat. 3056, 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. 3859], 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 12318] of this title], and 421 
[100 Stat. 3863] 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 communities, and the closure or realignment of 
    an installation may cause economic hardship for such communities.
        ``(3) It is in the interest of the United States that the 
    Federal Government facilitate the economic recovery of communities 
    that experience adverse economic circumstances as a result of the 
    closure or realignment of a military installation.
        ``(4) It is in the interest of the United States that the 
    Federal Government assist communities that experience adverse 
    economic circumstances as a result of the closure of military 
    installations by working with such communities to identify and 
    implement means of reutilizing or redeveloping such installations in 
    a beneficial manner or of otherwise revitalizing such communities 
    and the economies of such communities.
        ``(5) The Federal Government may best identify and implement 
    such means by requiring that the head of each department or agency 
    of the Federal Government having jurisdiction over a matter arising 
    out of the closure of a military installation under a base closure 
    law, or the reutilization and redevelopment of such an installation, 
    designate for each installation to be closed an individual in such 
    department or agency who shall provide information and assistance to 
    the transition coordinator for the installation designated under 
    section 2915 [set out below] on the assistance, programs, or other 
    activities of such department or agency with respect to the closure 
    or reutilization and redevelopment of the installation.
        ``(6) The Federal Government may also provide such assistance by 
    accelerating environmental restoration at military installations to 
    be closed, and by closing such installations, in a manner that best 
    ensures the beneficial reutilization and redevelopment of such 
    installations by such communities.
        ``(7) The Federal Government may best contribute to such 
    reutilization and redevelopment by making available real and 
    personal property at military installations to be closed to 
    communities affected by such closures on a timely basis, and, if 
    appropriate, at less than fair market value.''


  Consideration of Economic Needs and Cooperation With State and Local 
                  Authorities in Disposing of Property

    Pub. L. 103-160, div. B, title XXIX, Sec. 2903(c), (d), Nov. 30, 
1993, 107 Stat. 1915, provided that:
    ``(c) Consideration of Economic Needs.--In order to maximize the 
local and regional benefit from the reutilization and redevelopment of 
military installations that are closed, or approved for closure, 
pursuant to the operation of a base closure law, the Secretary of 
Defense shall consider locally and regionally delineated economic 
development needs and priorities into the process by which the Secretary 
disposes of real property and personal property as part of the closure 
of a military installation under a base closure law. In determining such 
needs and priorities, the Secretary shall take into account the 
redevelopment plan developed for the military installation involved. The 
Secretary shall ensure that the needs of the homeless in the communities 
affected by the closure of such installations are taken into 
consideration in the redevelopment plan with respect to such 
installations.
    ``(d) Cooperation.--The Secretary of Defense shall cooperate with 
the State in which a military installation referred to in subsection (c) 
is located, with the redevelopment authority with respect to the 
installation, and with local governments and other interested persons in 
communities located near the installation in implementing the entire 
process of disposal of the real property and personal property at the 
installation.''


Regulations To Carry Out Section 204 of Pub. L. 100-526 and Section 2905 
                           of Pub. L. 101-510

    Pub. L. 103-160, div. B, title XXIX, Sec. 2908(c), Nov. 30, 1993, 
107 Stat. 1924, provided that: ``Not later than nine months after the 
date of the enactment of this Act [Nov. 30, 1993], the Secretary of 
Defense, in consultation with the Administrator of the Environmental 
Protection Agency, shall prescribe any regulations necessary to carry 
out subsection (d) of section 204 of the Defense Authorization 
Amendments and Base Closure and Realignment Act (title II of Public Law 
100-526; 10 U.S.C. 2687 note), as added by subsection (a), and 
subsection (e) of section 2905 of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note), as added by subsection (b).''


           Compliance With Certain Environmental Requirements

    Pub. L. 103-160, div. B, title XXIX, Sec. 2911, Nov. 30, 1993, 107 
Stat. 1924, provided that: ``Not later than 12 months after the date of 
the submittal to the Secretary of Defense of a redevelopment plan for an 
installation approved for closure under a base closure law, the 
Secretary of Defense shall, to the extent practicable, complete any 
environmental impact analyses required with respect to the installation, 
and with respect to the redevelopment plan, if any, for the 
installation, pursuant to the base closure law under which the 
installation is closed, and pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).''


        Preference for Local and Small Businesses in Contracting

    Pub. L. 103-160, div. B, title XXIX, Sec. 2912, Nov. 30, 1993, 107 
Stat. 1925, as amended by Pub. L. 103-337, div. A, title X, 
Sec. 1070(b)(14), Oct. 5, 1994, 108 Stat. 2857, provided that:
    ``(a) Preference Required.--In entering into contracts with private 
entities as part of the closure or realignment of a military 
installation under a base closure law, the Secretary of Defense shall 
give preference, to the greatest extent practicable, to qualified 
businesses located in the vicinity of the installation and to small 
business concerns and small disadvantaged business concerns. Contracts 
for which this preference shall be given shall include contracts to 
carry out activities for the environmental restoration and mitigation at 
military installations to be closed or realigned.
    ``(b) Definitions.--In this section:
        ``(1) The term `small business concern' means a business concern 
    meeting the requirements of section 3 of the Small Business Act (15 
    U.S.C. 632).
        ``(2) The term `small disadvantaged business concern' means the 
    business concerns referred to in section 8(d)(1) of such Act (15 
    U.S.C. 637(d)(1)).
        ``(3) The term `base closure law' includes section 2687 of title 
    10, United States Code.''


   Transition Coordinators for Assistance to Communities Affected by 
                        Closure of Installations

    Pub. L. 103-160, div. B, title XXIX, Sec. 2915, Nov. 30, 1993, 107 
Stat. 1926, as amended by Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 
Stat. 1675, provided that:
    ``(a) In General.--The Secretary of Defense shall designate a 
transition coordinator for each military installation to be closed under 
a base closure law. The transition coordinator shall carry out the 
activities for such coordinator set forth in subsection (c).
    ``(b) Timing of Designation.--A transition coordinator shall be 
designated for an installation under subsection (a) as follows:
        ``(1) Not later than 15 days after the date of approval of 
    closure of the installation.
        ``(2) In the case of installations approved for closure under a 
    base closure law before the date of the enactment of this Act [Nov. 
    30, 1993], not later than 15 days after such date of enactment.
    ``(c) Responsibilities.--A transition coordinator designated with 
respect to an installation shall--
        ``(1) encourage, after consultation with officials of Federal 
    and State departments and agencies concerned, the development of 
    strategies for the expeditious environmental cleanup and restoration 
    of the installation by the Department of Defense;
        ``(2) assist the Secretary of the military department concerned 
    in designating real property at the installation that has the 
    potential for rapid and beneficial reuse or redevelopment in 
    accordance with the redevelopment plan for the installation;
        ``(3) assist such Secretary in identifying strategies for 
    accelerating completion of environmental cleanup and restoration of 
    the real property designated under paragraph (2);
        ``(4) assist such Secretary in developing plans for the closure 
    of the installation that take into account the goals set forth in 
    the redevelopment plan for the installation;
        ``(5) assist such Secretary in developing plans for ensuring 
    that, to the maximum extent practicable, the Department of Defense 
    carries out any activities at the installation after the closure of 
    the installation in a manner that takes into account, and supports, 
    the redevelopment plan for the installation;
        ``(6) assist the Secretary of Defense in making determinations 
    with respect to the transferability of property at the installation 
    under section 204(b)(5) of the Defense Authorization Amendments and 
    Base Closure and Realignment Act (title II of Public Law 100-526; 10 
    U.S.C. 2687 note), as added by section 2904(a) of this Act, and 
    under section 2905(b)(5) of the Defense Base Closure and Realignment 
    Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
    2687 note), as added by section 2904(b) of this Act, as the case may 
    be;
        ``(7) assist the local redevelopment authority with respect to 
    the installation in identifying real property or personal property 
    at the installation that may have significant potential for reuse or 
    redevelopment in accordance with the redevelopment plan for the 
    installation;
        ``(8) assist the Office of Economic Adjustment of the Department 
    of Defense and other departments and agencies of the Federal 
    Government in coordinating the provision of assistance under 
    transition assistance and transition mitigation programs with 
    community redevelopment activities with respect to the installation;
        ``(9) assist the Secretary of the military department concerned 
    in identifying property located at the installation that may be 
    leased in a manner consistent with the redevelopment plan for the 
    installation; and
        ``(10) assist the Secretary of Defense in identifying real 
    property or personal property at the installation that may be 
    utilized to meet the needs of the homeless by consulting with the 
    Secretary of Housing and Urban Development and the local lead agency 
    of the homeless, if any, referred to in section 210(b) of the 
    McKinney-Vento Homeless Assistance Act (42 U.S.C. 11320(b)) for the 
    State in which the installation is located.''


       Definitions for Subtitle A of Title XXIX of Pub. L. 103-160

    Pub. L. 103-160, div. B, title XXIX, Sec. 2918(a), Nov. 30, 1993, 
107 Stat. 1927, provided that: ``In this subtitle [subtitle A 
(Secs. 2901 to 2918) of title XXIX of div. B of Pub. L. 103-160, 
amending sections 2391 and 2667 of this title, enacting provisions set 
out as notes under this section and section 9620 of Title 42, The Public 
Health and Welfare, and amending provisions set out as notes under this 
section]:
        ``(1) The term `base closure law' means the following:
            ``(A) The provisions of title II of the Defense 
        Authorization Amendments and Base Closure and Realignment Act 
        (Public Law 100-526; 10 U.S.C. 2687 note).
            ``(B) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
        ``(2) The term `date of approval', with respect to a closure or 
    realignment of an installation, means the date on which the 
    authority of Congress to disapprove a recommendation of closure or 
    realignment, as the case may be, of such installation under the 
    applicable base closure law expires.
        ``(3) The term `redevelopment authority', in the case of an 
    installation to be closed under a base closure law, means any entity 
    (including an entity established by a State or local government) 
    recognized by the Secretary of Defense as the entity responsible for 
    developing the redevelopment plan with respect to the installation 
    and for directing the implementation of such plan.
        ``(4) The term `redevelopment plan', in the case of an 
    installation to be closed under a base closure law, means a plan 
    that--
            ``(A) is agreed to by the redevelopment authority with 
        respect to the installation; and
            ``(B) provides for the reuse or redevelopment of the real 
        property and personal property of the installation that is 
        available for such reuse and redevelopment as a result of the 
        closure of the installation.''


 Limitation on Expenditures From Defense Base Closure Account 1990 for 
       Military Construction in Support of Transfers of Functions

    Pub. L. 103-160, div. B, title XXIX, Sec. 2922, Nov. 30, 1993, 107 
Stat. 1930, as amended by Pub. L. 104-106, div. A, title XV, 
Sec. 1502(c)(1), Feb. 10, 1996, 110 Stat. 506; Pub. L. 106-65, div. A, 
title X, Sec. 1067(7), Oct. 5, 1999, 113 Stat. 774, provided that:
    ``(a) Limitation.--If the Secretary of Defense recommends to the 
Defense Base Closure and Realignment Commission pursuant to section 
2903(c) of the 1990 base closure Act [set out below] that an 
installation be closed or realigned, the Secretary identifies in 
documents submitted to the Commission one or more installations to which 
a function performed at the recommended installation would be 
transferred, and the recommended installation is closed or realigned 
pursuant to such Act, then, except as provided in subsection (b), funds 
in the Defense Base Closure Account 1990 may not be used for military 
construction in support of the transfer of that function to any 
installation other than an installation so identified in such documents.
    ``(b) Exception.--The limitation in subsection (a) ceases to be 
applicable to military construction in support of the transfer of a 
function to an installation on the 60th day following the date on which 
the Secretary submits to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representatives a 
notification of the proposed transfer that--
        ``(1) identifies the installation to which the function is to be 
    transferred; and
        ``(2) includes the justification for the transfer to such 
    installation.
    ``(c) Definitions.--In this section:
        ``(1) The term `1990 base closure Act' means the Defense Base 
    Closure and Realignment Act of 1990 (part A of title XXIX of Public 
    Law 101-510; 10 U.S.C. 2687 note).
        ``(2) The term `Defense Base Closure Account 1990' means the 
    account established under section 2906 of the 1990 base closure Act 
    [set out below].''


        Sense of Congress on Development of Base Closure Criteria

    Pub. L. 103-160, div. B, title XXIX, Sec. 2925, Nov. 30, 1993, 107 
Stat. 1932, as amended by Pub. L. 104-106, div. A, title XV, 
Sec. 1502(c)(1), Feb. 10, 1996, 110 Stat. 506, provided that:
    ``(a) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense consider, in developing in accordance with section 
2903(b)(2)(B) of the Defense Base Closure and Realignment Act of 1990 
(Public Law 101-510; 10 U.S.C. 2687 note) amended criteria, whether such 
criteria should include the direct costs of such closures and 
realignments to other Federal departments and agencies.
    ``(b) Report on Amendment.--(1) The Secretary shall submit to the 
Committee on Armed Services of the Senate and the Committee on National 
Security of the House of Representatives [now Committee on Armed 
Services of the House of Representatives] a report on any amended 
criteria developed by the Secretary under section 2903(b)(2)(B) of the 
Defense Base Closure and Realignment Act of 1990 after the date of the 
enactment of this Act [Nov. 30, 1993]. Such report shall include a 
discussion of the amended criteria and include a justification for any 
decision not to propose a criterion regarding the direct costs of base 
closures and realignments to other Federal agencies and departments.
    ``(2) The Secretary shall submit the report upon publication of the 
amended criteria in accordance with section 2903(b)(2)(B) of the Defense 
Base Closure and Realignment Act of 1990.''


                      Military Base Closure Report

    Pub. L. 102-581, title I, Sec. 107(d), Oct. 31, 1992, 106 Stat. 
4879, provided that: ``Within 30 days after the date on which the 
Secretary of Defense 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; [10] U.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 costs necessary to 
convert such bases to civilian aviation use; and in the case of air 
traffic control or radar coverage currently provided by the Department 
of Defense, potential installations or adjustments of equipment and 
costs necessary for the Federal Aviation Administration to maintain 
existing levels of service for the local community and region.''


       Indemnification of Transferees of Closing Defense Property

    Pub. L. 102-484, div. A, title III, Sec. 330, Oct. 23, 1992, 106 
Stat. 2371, as amended by Pub. L. 103-160, div. A, title X, Sec. 1002, 
Nov. 30, 1993, 107 Stat. 1745, provided that:
    ``(a) In General.--(1) Except as provided in paragraph (3) and 
subject to subsection (b), the Secretary of Defense shall hold harmless, 
defend, and indemnify in full the persons and entities described in 
paragraph (2) from and against any suit, claim, demand or action, 
liability, judgment, cost or other fee arising out of any claim for 
personal injury or property damage (including death, illness, or loss of 
or damage to property or economic loss) that results from, or is in any 
manner predicated upon, the release or threatened release of any 
hazardous substance, pollutant or contaminant, or petroleum or petroleum 
derivative as a result of Department of Defense activities at any 
military installation (or portion thereof) that is closed pursuant to a 
base closure law.
    ``(2) The persons and entities described in this paragraph are the 
following:
        ``(A) Any State (including any officer, agent, or employee of 
    the State) that acquires ownership or control of any facility at a 
    military installation (or any portion thereof) described in 
    paragraph (1).
        ``(B) Any political subdivision of a State (including any 
    officer, agent, or employee of the State) that acquires such 
    ownership or control.
        ``(C) Any other person or entity that acquires such ownership or 
    control.
        ``(D) Any successor, assignee, transferee, lender, or lessee of 
    a person or entity described in subparagraphs (A) through (C).
    ``(3) To the extent the persons and entities described in paragraph 
(2) contributed to any such release or threatened release, paragraph (1) 
shall not apply.
    ``(b) Conditions.--No indemnification may be afforded under this 
section unless the person or entity making a claim for indemnification--
        ``(1) notifies the Department of Defense in writing within two 
    years after such claim accrues or begins action within six months 
    after the date of mailing, by certified or registered mail, of 
    notice of final denial of the claim by the Department of Defense;
        ``(2) furnishes to the Department of Defense copies of pertinent 
    papers the entity receives;
        ``(3) furnishes evidence or proof of any claim, loss, or damage 
    covered by this section; and
        ``(4) provides, upon request by the Department of Defense, 
    access to the records and personnel of the entity for purposes of 
    defending or settling the claim or action.
    ``(c) Authority of Secretary of Defense.--(1) In any case in which 
the Secretary of Defense determines that the Department of Defense may 
be required to make indemnification payments to a person under this 
section for any suit, claim, demand or action, liability, judgment, cost 
or other fee arising out of any claim for personal injury or property 
damage referred to in subsection (a)(1), the Secretary may settle or 
defend, on behalf of that person, the claim for personal injury or 
property damage.
    ``(2) In any case described in paragraph (1), if the person to whom 
the Department of Defense may be required to make indemnification 
payments does not allow the Secretary to settle or defend the claim, the 
person may not be afforded indemnification with respect to that claim 
under this section.
    ``(d) Accrual of Action.--For purposes of subsection (b)(1), the 
date on which a claim accrues is the date on which the plaintiff knew 
(or reasonably should have known) that the personal injury or property 
damage referred to in subsection (a) was caused or contributed to by the 
release or threatened release of a hazardous substance, pollutant or 
contaminant, or petroleum or petroleum derivative as a result of 
Department of Defense activities at any military installation (or 
portion thereof) described in subsection (a)(1).
    ``(e) Relationship to Other Law.--Nothing in this section shall be 
construed as affecting or modifying in any way section 120(h) of the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9620(h)).
    ``(f) Definitions.--In this section:
        ``(1) The terms `facility', `hazardous substance', `release', 
    and `pollutant or contaminant' have the meanings given such terms 
    under paragraphs (9), (14), (22), and (33) of section 101 of the 
    Comprehensive Environmental Response, Compensation, and Liability 
    Act of 1980, respectively (42 U.S.C. 9601(9), (14), (22), and (33)).
        ``(2) The term `military installation' has the meaning given 
    such term under section 2687(e)(1) of title 10, United States Code.
        ``(3) The term `base closure law' means the following:
            ``(A) The Defense Base Closure and Realignment Act of 1990 
        [part A of title XXIX of div. B of Pub. L. 101-510] (10 U.S.C. 
        2687 note).
            ``(B) Title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act [Pub. L. 100-526] (10 U.S.C. 
        2687 note).
            ``(C) Section 2687 of title 10, United States Code.
            ``(D) Any provision of law authorizing the closure or 
        realignment of a military installation enacted on or after the 
        date of the enactment of this Act [Oct. 23, 1992].''


   Demonstration Project for Use of National Relocation Contractor To 
                      Assist Department of Defense

    Pub. L. 102-484, div. B, title XXVIII, Sec. 2822, Oct. 23, 1992, 106 
Stat. 2608, provided that:
    ``(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, 1992].
    ``(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 
Realignment Act of 1990 [part A of title XXIX of div. B of Pub. L. 101-
510, set out below] shall be construed to authorize the withholding of 
information from Congress, any committee or subcommittee of Congress, or 
the Comptroller General of the United States.''


                       Consistency in Budget Data

    Pub. L. 102-190, div. B, title XXVIII, Sec. 2822, Dec. 5, 1991, 105 
Stat. 1546, as amended by Pub. L. 102-484, div. B, title XXVIII, 
Sec. 2825, Oct. 23, 1992, 106 Stat. 2609, provided that:
    ``(a) Military Construction Funding Requests.--In the case of each 
military installation considered for closure or realignment or for 
comparative purposes by the Defense Base Closure and Realignment 
Commission, the Secretary of Defense shall ensure, subject to subsection 
(b), that the amount of the authorization requested by the Department of 
Defense for military construction relating to the closure or realignment 
of the installation in each of the fiscal years 1992 through 1999 for 
the following fiscal year does not exceed the estimate of the cost of 
such construction (adjusted as appropriate for inflation) that was 
provided to the Commission by the Department of Defense.
    ``(b) Explanation for Inconsistencies.--The Secretary may submit to 
Congress for a fiscal year a request for the authorization of military 
construction referred to in subsection (a) in an amount greater than the 
estimate of the cost of the construction (adjusted as appropriate for 
inflation) that was provided to the Commission if the Secretary 
determines that the greater amount is necessary and submits with the 
request a complete explanation of the reasons for the difference between 
the requested amount and the estimate.
    ``(c) Investigation.--(1) The Inspector General of the Department of 
Defense shall investigate the military construction for which the 
Secretary is required to submit an explanation to Congress under 
subsection (b) if the Inspector General determines (under standards 
prescribed by the Inspector General) that the difference between the 
requested amount and the estimate for such construction is significant.
    ``(2) The Inspector General shall submit to the congressional 
defense committees a report describing the results of each investigation 
conducted under paragraph (1).''


    Disposition of Facilities of Depository Institutions on Military 
                       Installations To Be Closed

    Pub. L. 102-190, div. B, title XXVIII, Sec. 2825, Dec. 5, 1991, 105 
Stat. 1549, as amended by Pub. L. 103-160, div. B, title XXIX, 
Sec. 2928(a), (b)(1), (c), Nov. 30, 1993, 107 Stat. 1934, 1935, provided 
that:
    ``(a) Authority to Convey Facilities.--(1) Subject to subsection (c) 
and notwithstanding any other provision of law, the Secretary of the 
military department having jurisdiction over a military installation 
being closed pursuant to a base closure law may convey all right, title, 
and interest of the United States in a facility located on that 
installation to a depository institution that--
        ``(A) conducts business in the facility; and
        ``(B) constructed or substantially renovated the facility using 
    funds of the depository institution.
    ``(2) In the case of the conveyance under paragraph (1) of a 
facility that was not constructed by the depository institution but was 
substantially renovated by the depository institution, the Secretary 
shall require the depository institution to pay an amount determined by 
the Secretary to be equal to the value of the facility in the absence of 
the renovations.
    ``(b) Authority to Convey Land.--As part of the conveyance of a 
facility to a depository institution under subsection (a), the Secretary 
of the military department concerned shall permit the depository 
institution to purchase the land upon which that facility is located. 
The Secretary shall offer the land to the depository institution before 
offering such land for sale or other disposition to any other entity. 
The purchase price shall be not less than the fair market value of the 
land, as determined by the Secretary.
    ``(c) Limitation.--The Secretary of a military department may not 
convey a facility to a depository institution under subsection (a) if 
the Secretary determines that the operation of a depository institution 
at such facility is inconsistent with the redevelopment plan with 
respect to the installation.
    ``(d) Base Closure Law Defined.--For purposes of this section, the 
term `base closure law' means the following:
        ``(1) The Defense Base Closure and Realignment Act of 1990 (part 
    A of title XXIX of Public Law 101-510; 104 Stat. 1808; 10 U.S.C. 
    2687 note).
        ``(2) Title II of the Defense Authorization Amendments and Base 
    Closure and Realignment Act (Public Law 100-526; 102 Stat. 2627; 10 
    U.S.C. 2687 note).
        ``(3) Section 2687 of title 10, United States Code.
        ``(4) Any other similar law enacted after the date of the 
    enactment of this Act [Dec. 5, 1991].
    ``(e) Depository Institution Defined.--For purposes of this section, 
the term `depository institution' has the meaning given that term in 
section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 
461(b)(1)(A)).''


Report on Environmental Restoration Costs for Installations To Be Closed 
                       Under 1990 Base Closure Law

    Pub. L. 102-190, div. B, title XXVIII, Sec. 2827(b), Dec. 5, 1991, 
105 Stat. 1551, directed the Secretary of Defense to submit an annual 
report to Congress on the funding needed for environmental restoration 
activities at certain designated military installations for the fiscal 
year for which a budget was submitted and for each of the four following 
fiscal years, prior to repeal by Pub. L. 104-106, div. A, title X, 
Sec. 1061(m), Feb. 10, 1996, 110 Stat. 443.


Sense of Congress Regarding Joint Resolution of Disapproval of 1991 Base 
                    Closure Commission Recommendation

    Pub. L. 102-172, title VIII, Sec. 8131, Nov. 26, 1991, 105 Stat. 
1208, provided that: ``It is the sense of the Congress that in acting on 
the Joint Resolution of Disapproval of the 1991 Base Closure 
Commission's recommendation, the Congress takes no position on whether 
there has been compliance by the Base Closure Commission, and the 
Department of Defense with the requirements of the Defense Base Closure 
and Realignment Act of 1990 [part A of title XXIX of div. B of Pub. L. 
101-510, set out below]. Further, the vote on the resolution of 
disapproval shall not be interpreted to imply Congressional approval of 
all actions taken by the Base Closure Commission and the Department of 
Defense in fulfillment of the responsibilities and duties conferred upon 
them by the Defense Base Closure and Realignment Act of 1990, but only 
the approval of the recommendations issued by the Base Closure 
Commission.''


           Requirements for Base Closure and Realignment Plans

    Pub. L. 103-335, title VIII, Sec. 8040, Sept. 30, 1994, 108 Stat. 
2626, which directed Secretary of Defense to include in any base closure 
and realignment plan submitted to Congress after Sept. 30, 1994, a 
complete review of expectations for the five-year period beginning on 
Oct. 1, 1994, including force structure and levels, installation 
requirements, a budget plan, cost savings to be realized through 
realignments and closures of military installations, and the economic 
impact on local areas affected, was from the Department of Defense 
Appropriations Act, 1995, and was not repeated in subsequent 
appropriation acts. Similar provisions were contained in the following 
prior appropriation acts:
    Pub. L. 103-139, title VIII, Sec. 8045, Nov. 11, 1993, 107 Stat. 
1450.
    Pub. L. 102-396, title IX, Sec. 9060, Oct. 6, 1992, 106 Stat. 1915.
    Pub. L. 102-172, title VIII, Sec. 8063, Nov. 26, 1991, 105 Stat. 
1185.
    Pub. L. 101-511, title VIII, Sec. 8081, Nov. 5, 1990, 104 Stat. 
1894.


             Defense Base Closure and Realignment Commission

    Part A of title XXIX of div. B of Pub. L. 101-510, as amended by 
Pub. L. 102-190, div. A, title III, Sec. 344(b)(1), div. B, title 
XXVIII, Secs. 2821(a)-(h)(1), 2827(a)(1), (2), Dec. 5, 1991, 105 Stat. 
1345, 1544-1546, 1551; Pub. L. 102-484, div. A, title X, Sec. 1054(b), 
div. B, title XXVIII, Secs. 2821(b), 2823, Oct. 23, 1992, 106 Stat. 
2502, 2607, 2608; Pub. L. 103-160, div. B, title XXIX, Secs. 2902(b), 
2903(b), 2904(b), 2905(b), 2907(b), 2908(b), 2918(c), 2921(b), (c), 
2923, 2926, 2930(a), Nov. 30, 1993, 107 Stat. 1911, 1914, 1916, 1918, 
1921, 1923, 1928-1930, 1932, 1935; Pub. L. 103-337, div. A, title X, 
Sec. 1070(b)(15), (d)(2), div. B, title XXVIII, Secs. 2811, 2812(b), 
2813(c)(2), (d)(2), (e)(2), Oct. 5, 1994, 108 Stat. 2857, 2858, 3053-
3056; Pub. L. 103-421, Sec. 2(a)-(c), (f)(2), Oct. 25, 1994, 108 Stat. 
4346-4352, 4354; Pub. L. 104-106, div. A, title XV, Secs. 1502(d), 
1504(a)(9), 1505(e)(1), div. B, title XXVIII, Secs. 2831(b)(2), 2835, 
2836, 2837(a), 2838, 2839(b), 2840(b), Feb. 10, 1996, 110 Stat. 508, 
513, 514, 558, 560, 561, 564, 565; Pub. L. 104-201, div. B, title 
XXVIII, Secs. 2812(b), 2813(b), Sept. 23, 1996, 110 Stat. 2789; Pub. L. 
105-85, div. A, title X, Sec. 1073(d)(4)(B), div. B, title XXVIII, 
Sec. 2821(b), Nov. 18, 1997, 111 Stat. 1905, 1997; Pub. L. 106-65, div. 
A, title X, Sec. 1067(10), div. B, title XVIII, Secs. 2821(a), 2822, 
Oct. 5, 1999, 113 Stat. 774, 853, 856; Pub. L. 106-398, Sec. 1 [[div. 
A], title X, Sec. 1087(g)(2), div. B, title XXVIII, Sec. 2821(a)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-293, 1654A-419; Pub. L. 106-400, Sec. 2, 
Oct. 30, 2000, 114 Stat. 1675, provided that:
``SEC. 2901. SHORT TITLE AND PURPOSE
    ``(a) Short Title.--This part may be cited as the `Defense Base 
Closure and Realignment Act of 1990'.
    ``(b) Purpose.--The purpose of this part is to provide a fair 
process that will result in the timely closure and realignment of 
military installations inside the United States.
``SEC. 2902. THE COMMISSION
    ``(a) Establishment.--There is established an independent commission 
to be known as the `Defense Base Closure and Realignment Commission'.
    ``(b) Duties.--The Commission shall carry out the duties specified 
for it in this part.
    ``(c) Appointment.--(1)(A) The Commission shall be composed of eight 
members appointed by the President, by and with the advise and consent 
of the Senate.
    ``(B) The President shall transmit to the Senate the nominations for 
appointment to the Commission--
        ``(i) by no later than January 3, 1991, in the case of members 
    of the Commission whose terms will expire at the end of the first 
    session of the 102nd Congress;
        ``(ii) by no later than January 25, 1993, in the case of members 
    of the Commission whose terms will expire at the end of the first 
    session of the 103rd Congress; and
        ``(iii) by no later than January 3, 1995, in the case of members 
    of the Commission whose terms will expire at the end of the first 
    session of the 104th Congress.
    ``(C) If the President does not transmit to Congress the nominations 
for appointment to the Commission on or before the date specified for 
1993 in clause (ii) of subparagraph (B) or for 1995 in clause (iii) of 
such subparagraph, the process by which military installations may be 
selected for closure or realignment under this part with respect to that 
year shall be terminated.
    ``(2) In selecting individuals for nominations for appointments to 
the Commission, the President should consult with--
        ``(A) the Speaker of the House of Representatives concerning the 
    appointment of two members;
        ``(B) the majority leader of the Senate concerning the 
    appointment of two members;
        ``(C) the minority leader of the House of Representatives 
    concerning the appointment of one member; and
        ``(D) the minority leader of the Senate concerning the 
    appointment of one member.
    ``(3) At the time the President nominates individuals for 
appointment to the Commission for each session of Congress referred to 
in paragraph (1)(B), the President shall designate one such individual 
who shall serve as Chairman of the Commission.
    ``(d) Terms.--(1) Except as provided in paragraph (2), each member 
of the Commission shall serve until the adjournment of Congress sine die 
for the session during which the member was appointed to the Commission.
    ``(2) The Chairman of the Commission shall serve until the 
confirmation of a successor.
    ``(e) Meetings.--(1) The Commission shall meet only during calendar 
years 1991, 1993, and 1995.
    ``(2)(A) Each meeting of the Commission, other than meetings in 
which classified information is to be discussed, shall be open to the 
public.
    ``(B) All the proceedings, information, and deliberations of the 
Commission shall be open, upon request, to the following:
        ``(i) The Chairman and the ranking minority party member of the 
    Subcommittee on Readiness, 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.
        ``(ii) 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 
    Subcommittees on Military Construction of the Committees on 
    Appropriations of the Senate and of the House of Representatives, or 
    such other members of the Subcommittees designated by such Chairmen 
    or ranking minority party members.
    ``(f) Vacancies.--A vacancy in the Commission shall be filled in the 
same manner as the original appointment, but the individual appointed to 
fill the vacancy shall serve only for the unexpired portion of the term 
for which the individual's predecessor was appointed.
    ``(g) Pay and Travel Expenses.--(1)(A) Each member, other than the 
Chairman, shall be paid at a rate equal to the daily equivalent of the 
minimum annual rate of basic pay payable for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for each day 
(including travel time) during which the member is engaged in the actual 
performance of duties vested in the Commission.
    ``(B) The Chairman shall be paid for each day referred to in 
subparagraph (A) at a rate equal to the daily equivalent of the minimum 
annual rate of basic pay payable for level III of the Executive Schedule 
under section 5314 of title 5, United States Code.
    ``(2) Members shall receive travel expenses, including per diem in 
lieu of subsistence, in accordance with sections 5702 and 5703 of title 
5, United States Code.
    ``(h) Director of Staff.--(1) The Commission shall, without regard 
to section 5311(b) of title 5, United States Code, appoint a Director 
who has not served on active duty in the Armed Forces or as a civilian 
employee of the Department of Defense during the one-year period 
preceding the date of such appointment.
    ``(2) The Director shall be paid at the rate of basic pay payable 
for level IV of the Executive Schedule under section 5315 of title 5, 
United States Code.
    ``(i) Staff.--(1) Subject to paragraphs (2) and (3), the Director, 
with the approval of the Commission, may appoint and fix the pay of 
additional personnel.
    ``(2) The Director may make such appointments without regard to the 
provisions of title 5, United States Code, governing appointments in the 
competitive service, and any personnel so appointed may be paid without 
regard to the provisions of chapter 51 and subchapter III of chapter 53 
of that title relating to classification and General Schedule pay rates, 
except that an individual so appointed may not receive pay in excess of 
the annual rate of basic pay payable for GS-18 of the General Schedule.
    ``(3)(A) Not more than one-third of the personnel employed by or 
detailed to the Commission may be on detail from the Department of 
Defense.
    ``(B)(i) Not more than one-fifth of the professional analysts of the 
Commission staff may be persons detailed from the Department of Defense 
to the Commission.
    ``(ii) No person detailed from the Department of Defense to the 
Commission may be assigned as the lead professional analyst with respect 
to a military department or defense agency.
    ``(C) A person may not be detailed from the Department of Defense to 
the Commission if, within 12 months before the detail is to begin, that 
person participated personally and substantially in any matter within 
the Department of Defense concerning the preparation of recommendations 
for closures or realignments of military installations.
    ``(D) No member of the Armed Forces, and no officer or employee of 
the Department of Defense, may--
        ``(i) prepare any report concerning the effectiveness, fitness, 
    or efficiency of the performance on the staff of the Commission of 
    any person detailed from the Department of Defense to that staff;
        ``(ii) review the preparation of such a report; or
        ``(iii) approve or disapprove such a report.
    ``(4) Upon request of the Director, the head of any Federal 
department or agency may detail any of the personnel of that department 
or agency to the Commission to assist the Commission in carrying out its 
duties under this part.
    ``(5) The Comptroller General of the United States shall provide 
assistance, including the detailing of employees, to the Commission in 
accordance with an agreement entered into with the Commission.
    ``(6) The following restrictions relating to the personnel of the 
Commission shall apply during 1992 and 1994:
        ``(A) There may not be more than 15 persons on the staff at any 
    one time.
        ``(B) The staff may perform only such functions as are necessary 
    to prepare for the transition to new membership on the Commission in 
    the following year.
        ``(C) No member of the Armed Forces and no employee of the 
    Department of Defense may serve on the staff.
    ``(j) Other Authority.--(1) The Commission may procure by contract, 
to the extent funds are available, the temporary or intermittent 
services of experts or consultants pursuant to section 3109 of title 5, 
United States Code.
    ``(2) The Commission may lease space and acquire personal property 
to the extent funds are available.
    ``(k) Funding.--(1) There are authorized to be appropriated to the 
Commission such funds as are necessary to carry out its duties under 
this part. Such funds shall remain available until expended.
    ``(2) If no funds are appropriated to the Commission by the end of 
the second session of the 101st Congress, the Secretary of Defense may 
transfer, for fiscal year 1991, to the Commission funds from the 
Department of Defense Base Closure Account established by section 207 of 
Public Law 100-526 [set out below]. Such funds shall remain available 
until expended.
    ``(3)(A) The Secretary may transfer not more than $300,000 from 
unobligated funds in the account referred to in subparagraph (B) for the 
purpose of assisting the Commission in carrying out its duties under 
this part during October, November, and December 1995. Funds transferred 
under the preceding sentence shall remain available until December 31, 
1995.
    ``(B) The account referred to in subparagraph (A) is the Department 
of Defense Base Closure Account established under section 207(a) of the 
Defense Authorization Amendments and Base Closure and Realignment Act 
(Public Law 100-526; 10 U.S.C. 2687 note).
    ``(l) Termination.--The Commission shall terminate on December 31, 
1995.
    ``(m) Prohibition Against Restricting Communications.--Section 1034 
of title 10, United States Code, shall apply with respect to 
communications with the Commission.
``SEC. 2903. PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE CLOSURES AND 
        REALIGNMENTS
    ``(a) Force-Structure Plan.--(1) As part of the budget justification 
documents submitted to Congress in support of the budget for the 
Department of Defense for each of the fiscal years 1992, 1994, and 1996, 
the Secretary shall include a force-structure plan for the Armed Forces 
based on an assessment by the Secretary of the probable threats to the 
national security during the six-year period beginning with the fiscal 
year for which the budget request is made and of the anticipated levels 
of funding that will be available for national defense purposes during 
such period.
    ``(2) Such plan shall include, without any reference (directly or 
indirectly) to military installations inside the United States that may 
be closed or realigned under such plan--
        ``(A) a description of the assessment referred to in paragraph 
    (1);
        ``(B) a description (i) of the anticipated force structure 
    during and at the end of each such period for each military 
    department (with specifications of the number and type of units in 
    the active and reserve forces of each such department), and (ii) of 
    the units that will need to be forward based (with a justification 
    thereof) during and at the end of each such period; and
        ``(C) a description of the anticipated implementation of such 
    force-structure plan.
    ``(3) The Secretary shall also transmit a copy of each such force-
structure plan to the Commission.
    ``(b) Selection Criteria.--(1) The Secretary shall, by no later than 
December 31, 1990, publish in the Federal Register and transmit to the 
congressional defense committees the criteria proposed to be used by the 
Department of Defense in making recommendations for the closure or 
realignment of military installations inside the United States under 
this part. The Secretary shall provide an opportunity for public comment 
on the proposed criteria for a period of at least 30 days and shall 
include notice of that opportunity in the publication required under the 
preceding sentence.
    ``(2)(A) The Secretary shall, by no later than February 15, 1991, 
publish in the Federal Register and transmit to the congressional 
defense committees the final criteria to be used in making 
recommendations for the closure or realignment of military installations 
inside the United States under this part. Except as provided in 
subparagraph (B), such criteria shall be the final criteria to be used, 
along with the force-structure plan referred to in subsection (a), in 
making such recommendations unless disapproved by a joint resolution of 
Congress enacted on or before March 15, 1991.
    ``(B) The Secretary may amend such criteria, but such amendments may 
not become effective until they have been published in the Federal 
Register, opened to public comment for at least 30 days, and then 
transmitted to the congressional defense committees in final form by no 
later than January 15 of the year concerned. Such amended criteria shall 
be the final criteria to be used, along with the force-structure plan 
referred to in subsection (a), in making such recommendations unless 
disapproved by a joint resolution of Congress enacted on or before 
February 15 of the year concerned.
    ``(c) DOD Recommendations.--(1) The Secretary may, by no later than 
April 15, 1991, March 15, 1993, and March 1, 1995, publish in the 
Federal Register and transmit to the congressional defense committees 
and to the Commission a list of the military installations inside the 
United States that the Secretary recommends for closure or realignment 
on the basis of the force-structure plan and the final criteria referred 
to in subsection (b)(2) that are applicable to the year concerned.
    ``(2) The Secretary shall include, with the list of recommendations 
published and transmitted pursuant to paragraph (1), a summary of the 
selection process that resulted in the recommendation for each 
installation, including a justification for each recommendation. The 
Secretary shall transmit the matters referred to in the preceding 
sentence not later than 7 days after the date of the transmittal to the 
congressional defense committees and the Commission of the list referred 
to in paragraph (1).
    ``(3)(A) In considering military installations for closure or 
realignment, the Secretary shall consider all military installations 
inside the United States equally without regard to whether the 
installation has been previously considered or proposed for closure or 
realignment by the Department.
    ``(B) In considering military installations for closure or 
realignment, the Secretary may not take into account for any purpose any 
advance conversion planning undertaken by an affected community with 
respect to the anticipated closure or realignment of an installation.
    ``(C) For purposes of subparagraph (B), in the case of a community 
anticipating the economic effects of a closure or realignment of a 
military installation, advance conversion planning--
        ``(i) shall include community adjustment and economic 
    diversification planning undertaken by the community before an 
    anticipated selection of a military installation in or near the 
    community for closure or realignment; and
        ``(ii) may include the development of contingency redevelopment 
    plans, plans for economic development and diversification, and plans 
    for the joint use (including civilian and military use, public and 
    private use, civilian dual use, and civilian shared use) of the 
    property or facilities of the installation after the anticipated 
    closure or realignment.
    ``(4) In addition to making all information used by the Secretary to 
prepare the recommendations under this subsection available to Congress 
(including any committee or member of Congress), the Secretary shall 
also make such information available to the Commission and the 
Comptroller General of the United States.
    ``(5)(A) Each person referred to in subparagraph (B), when 
submitting information to the Secretary of Defense or the Commission 
concerning the closure or realignment of a military installation, shall 
certify that such information is accurate and complete to the best of 
that person's knowledge and belief.
    ``(B) Subparagraph (A) applies to the following persons:
        ``(i) The Secretaries of the military departments.
        ``(ii) The heads of the Defense Agencies.
        ``(iii) Each person who is in a position the duties of which 
    include personal and substantial involvement in the preparation and 
    submission of information and recommendations concerning the closure 
    or realignment of military installations, as designated in 
    regulations which the Secretary of Defense shall prescribe, 
    regulations which the Secretary of each military department shall 
    prescribe for personnel within that military department, or 
    regulations which the head of each Defense Agency shall prescribe 
    for personnel within that Defense Agency.
    ``(6) Any information provided to the Commission by a person 
described in paragraph (5)(B) shall also be submitted to the Senate and 
the House of Representatives to be made available to the Members of the 
House concerned in accordance with the rules of that House. The 
information shall be submitted to the Senate and House of 
Representatives within 24 hours after the submission of the information 
to the Commission.
    ``(d) Review and Recommendations by the Commission.--(1) After 
receiving the recommendations from the Secretary pursuant to subsection 
(c) for any year, the Commission shall conduct public hearings on the 
recommendations. All testimony before the Commission at a public hearing 
conducted under this paragraph shall be presented under oath.
    ``(2)(A) The Commission shall, by no later than July 1 of each year 
in which the Secretary transmits recommendations to it pursuant to 
subsection (c), transmit to the President a report containing the 
Commission's findings and conclusions based on a review and analysis of 
the recommendations made by the Secretary, together with the 
Commission's recommendations for closures and realignments of military 
installations inside the United States.
    ``(B) Subject to subparagraph (C), in making its recommendations, 
the Commission may make changes in any of the recommendations made by 
the Secretary if the Commission determines that the Secretary deviated 
substantially from the force-structure plan and final criteria referred 
to in subsection (c)(1) in making recommendations.
    ``(C) In the case of a change described in subparagraph (D) in the 
recommendations made by the Secretary, the Commission may make the 
change only if the Commission--
        ``(i) makes the determination required by subparagraph (B);
        ``(ii) determines that the change is consistent with the force-
    structure plan and final criteria referred to in subsection (c)(1);
        ``(iii) publishes a notice of the proposed change in the Federal 
    Register not less than 45 days before transmitting its 
    recommendations to the President pursuant to paragraph (2); and
        ``(iv) conducts public hearings on the proposed change.
    ``(D) Subparagraph (C) shall apply to a change by the Commission in 
the Secretary's recommendations that would--
        ``(i) add a military installation to the list of military 
    installations recommended by the Secretary for closure;
        ``(ii) add a military installation to the list of military 
    installations recommended by the Secretary for realignment; or
        ``(iii) increase the extent of a realignment of a particular 
    military installation recommended by the Secretary.
    ``(E) In making recommendations under this paragraph, the Commission 
may not take into account for any purpose any advance conversion 
planning undertaken by an affected community with respect to the 
anticipated closure or realignment of a military installation.
    ``(3) The Commission shall explain and justify in its report 
submitted to the President pursuant to paragraph (2) any recommendation 
made by the Commission that is different from the recommendations made 
by the Secretary pursuant to subsection (c). The Commission shall 
transmit a copy of such report to the congressional defense committees 
on the same date on which it transmits its recommendations to the 
President under paragraph (2).
    ``(4) After July 1 of each year in which the Commission transmits 
recommendations to the President under this subsection, the Commission 
shall promptly provide, upon request, to any Member of Congress 
information used by the Commission in making its recommendations.
    ``(5) The Comptroller General of the United States shall--
        ``(A) assist the Commission, to the extent requested, in the 
    Commission's review and analysis of the recommendations made by the 
    Secretary pursuant to subsection (c); and
        ``(B) by no later than April 15 of each year in which the 
    Secretary makes such recommendations, transmit to the Congress and 
    to the Commission a report containing a detailed analysis of the 
    Secretary's recommendations and selection process.
    ``(e) Review by the President.--(1) The President shall, by no later 
than July 15 of each year in which the Commission makes recommendations 
under subsection (d), transmit to the Commission and to the Congress a 
report containing the President's approval or disapproval of the 
Commission's recommendations.
    ``(2) If the President approves all the recommendations of the 
Commission, the President shall transmit a copy of such recommendations 
to the Congress, together with a certification of such approval.
    ``(3) If the President disapproves the recommendations of the 
Commission, in whole or in part, the President shall transmit to the 
Commission and the Congress the reasons for that disapproval. The 
Commission shall then transmit to the President, by no later than August 
15 of the year concerned, a revised list of recommendations for the 
closure and realignment of military installations.
    ``(4) If the President approves all of the revised recommendations 
of the Commission transmitted to the President under paragraph (3), the 
President shall transmit a copy of such revised recommendations to the 
Congress, together with a certification of such approval.
    ``(5) If the President does not transmit to the Congress an approval 
and certification described in paragraph (2) or (4) by September 1 of 
any year in which the Commission has transmitted recommendations to the 
President under this part, the process by which military installations 
may be selected for closure or realignment under this part with respect 
to that year shall be terminated.
``SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
    ``(a) In General.--Subject to subsection (b), the Secretary shall--
        ``(1) close all military installations recommended for closure 
    by the Commission in each report transmitted to the Congress by the 
    President pursuant to section 2903(e);
        ``(2) realign all military installations recommended for 
    realignment by such Commission in each such report;
        ``(3) 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 end of the 45-day period beginning on the date on 
    which the President transmits such report; or
        ``(B) the adjournment of Congress sine die for the session 
    during which such report is transmitted.
    ``(2) For purposes of paragraph (1) of this subsection and 
subsections (a) and (c) of section 2908, the days on which either House 
of Congress is not in session because of an adjournment of more than 
three days to a day certain shall be excluded in the computation of a 
period.
``SEC. 2905. IMPLEMENTATION
    ``(a) In General.--(1) In closing or realigning any military 
installation under this part, the Secretary may--
        ``(A) take such actions as may be necessary to close or realign 
    any military installation, including the acquisition of such land, 
    the construction of such replacement facilities, the performance of 
    such activities, and the conduct of such advance planning and design 
    as may be required to transfer functions from a military 
    installation being closed or realigned to another military 
    installation, and may use for such purpose funds in the Account or 
    funds appropriated to the Department of Defense for use in planning 
    and design, minor construction, or operation and maintenance;
        ``(B) provide--
            ``(i) economic adjustment assistance to any community 
        located near a military installation being closed or realigned, 
        and
            ``(ii) community planning assistance to any community 
        located near a military installation to which functions will be 
        transferred as a result of the closure or realignment of a 
        military installation,
    if the Secretary of Defense determines that the financial resources 
    available to the community (by grant or otherwise) for such purposes 
    are inadequate, and may use for such purposes funds in the Account 
    or funds appropriated to the Department of Defense for economic 
    adjustment assistance or community planning assistance;
        ``(C) carry out activities for the purposes of environmental 
    restoration and mitigation at any such installation, and shall use 
    for such purposes funds in the Account;
        ``(D) provide outplacement assistance to civilian employees 
    employed by the Department of Defense at military installations 
    being closed or realigned, and may use for such purpose funds in the 
    Account or funds appropriated to the Department of Defense for 
    outplacement assistance to employees; and
        ``(E) reimburse other Federal agencies for actions performed at 
    the request of the Secretary with respect to any such closure or 
    realignment, and may use for such purpose funds in the Account or 
    funds appropriated to the Department of Defense and available for 
    such purpose.
    ``(2) In carrying out any closure or realignment under this part, 
the Secretary shall ensure that environmental restoration of any 
property made excess to the needs of the Department of Defense as a 
result of such closure or realignment be carried out as soon as possible 
with funds available for such purpose.
    ``(b) Management and Disposal of Property.--(1) The Administrator of 
General Services shall delegate to the Secretary of Defense, with 
respect to excess and surplus real property, facilities, and personal 
property located at a military installation closed or realigned under 
this part--
        ``(A) the authority of the Administrator to utilize excess 
    property under 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 et 
    seq.]; and
        ``(ii) all regulations governing the conveyance and disposal of 
    property under section 13(g) of the Surplus Property Act of 1944 (50 
    U.S.C. App. 1622(g)).
    ``(B) The Secretary may, with the concurrence of the Administrator 
of General Services--
        ``(i) prescribe general policies and methods for utilizing 
    excess property and disposing of surplus property pursuant to the 
    authority delegated under paragraph (1); and
        ``(ii) issue regulations relating to such policies and methods, 
    which shall supersede the regulations referred to in subparagraph 
    (A) with respect to that authority.
    ``(C) The Secretary of Defense may transfer real property or 
facilities located at a military installation to be closed or realigned 
under this part, with or without reimbursement, to a military department 
or other entity (including a nonappropriated fund instrumentality) 
within the Department of Defense or the Coast Guard.
    ``(D) Before any action may be taken with respect to the disposal of 
any surplus real property or facility located at any military 
installation to be closed or realigned under this part, the Secretary of 
Defense shall consult with the Governor of the State and the heads of 
the local governments concerned for the purpose of considering any plan 
for the use of such property by the local community concerned.
    ``(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--
        ``(i) the local government in whose jurisdiction the 
    installation is wholly located; or
        ``(ii) a local government agency or State government agency 
    designated for the purpose of such consultation by the chief 
    executive officer of the State in which the installation is located.
    ``(C)(i) Except as provided in subparagraphs (E) and (F), the 
Secretary may not carry out any of the activities referred to in clause 
(ii) with respect to an installation referred to in that clause until 
the earlier of--
        ``(I) one week after the date on which the redevelopment plan 
    for the installation is submitted to the Secretary;
        ``(II) the date on which the redevelopment authority notifies 
    the Secretary that it will not submit such a plan;
        ``(III) twenty-four months after the date of approval of the 
    closure 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:
        ``(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 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;
        ``(ii) is uniquely military in character, and is likely to have 
    no civilian use (other than use for its material content or as a 
    source of commonly used components);
        ``(iii) is not required for the reutilization or redevelopment 
    of the installation (as jointly determined by the Secretary and the 
    redevelopment authority);
        ``(iv) is stored at the installation for purposes of 
    distribution (including spare parts or stock items); or
        ``(v)(I) meets known requirements of an authorized program of 
    another Federal department or agency for which expenditures for 
    similar property would be necessary, and (II) is the subject of a 
    written request by the head of the department or agency.
    ``(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary 
may carry out any activity referred to in subparagraph (C)(ii) or (D) if 
the Secretary determines that the carrying out of such activity is in 
the national security interest of the United States.
    ``(4)(A) The Secretary may transfer real property and personal 
property located at a military installation to be closed or realigned 
under this part to the redevelopment authority with respect to the 
installation for purposes of job generation on the installation.
    ``(B) The transfer of property of a military installation under 
subparagraph (A) shall be without consideration if the redevelopment 
authority with respect to the installation--
        ``(i) agrees that the proceeds from any sale or lease of the 
    property (or any portion thereof) received by the redevelopment 
    authority during at least the first seven years after the date of 
    the initial transfer of property under subparagraph (A) shall be 
    used to support the economic redevelopment of, or related to, the 
    installation; and
        ``(ii) executes the agreement for transfer of the property and 
    accepts control of the property within a reasonable time after the 
    date of the property disposal record of decision or finding of no 
    significant impact under the National Environmental Policy Act of 
    1969 (42 U.S.C. 4321 et seq.).
    ``(C) For purposes of subparagraph (B), the use of proceeds from a 
sale or lease described in such subparagraph to pay for, or offset the 
costs of, public investment on or related to the installation for any of 
the following purposes shall be considered a use to support the economic 
redevelopment of, or related to, the installation:
        ``(i) Road construction.
        ``(ii) Transportation management facilities.
        ``(iii) Storm and sanitary sewer construction.
        ``(iv) Police and fire protection facilities and other public 
    facilities.
        ``(v) Utility construction.
        ``(vi) Building rehabilitation.
        ``(vii) Historic property preservation.
        ``(viii) Pollution prevention equipment or facilities.
        ``(ix) Demolition.
        ``(x) Disposal of hazardous materials generated by demolition.
        ``(xi) Landscaping, grading, and other site or public 
    improvements.
        ``(xii) Planning for or the marketing of the development and 
    reuse of the installation.
    ``(D) The Secretary may recoup from a redevelopment authority such 
portion of the proceeds from a sale or lease described in subparagraph 
(B) as the Secretary determines appropriate if the redevelopment 
authority does not use the proceeds to support economic redevelopment 
of, or related to, the installation for the period specified in 
subparagraph (B).
    ``(E)(i) The Secretary may transfer real property at an installation 
approved for closure or realignment under this 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 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.
    ``(G) The provisions of section 120(h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(h)) shall apply to any transfer of real property under this 
paragraph.
    ``(H)(i) In the case of an agreement for the transfer of property of 
a military installation under this paragraph that was entered into 
before April 21, 1999, the Secretary may modify the agreement, and in so 
doing compromise, waive, adjust, release, or reduce any right, title, 
claim, lien, or demand of the United States, if--
        ``(I) the Secretary determines that as a result of changed 
    economic circumstances, a modification of the agreement is 
    necessary;
        ``(II) the terms of the modification do not require the return 
    of any payments that have been made to the Secretary;
        ``(III) the terms of the modification do not compromise, waive, 
    adjust, release, or reduce any right, title, claim, lien, or demand 
    of the United States with respect to in-kind consideration; and
        ``(IV) the cash consideration to which the United States is 
    entitled under the modified agreement, when combined with the cash 
    consideration to be received by the United States for the disposal 
    of other real property assets on the installation, are as sufficient 
    as they were under the original agreement to fund the reserve 
    account established under section 204(b)(7)(C) of the Defense 
    Authorization Amendments and Base Closure and Realignment Act [Pub. 
    L. 100-526, 10 U.S.C. 2687 note], with the depreciated value of the 
    investment made with commissary store funds or nonappropriated funds 
    in property disposed of pursuant to the agreement being modified, in 
    accordance with section 2906(d).
    ``(ii) When exercising the authority granted by clause (i), the 
Secretary may waive some or all future payments if, and to the extent 
that, the Secretary determines such waiver is necessary.
    ``(iii) With the exception of the requirement that the transfer be 
without consideration, the requirements of subparagraphs (B), (C), and 
(D) shall be applicable to any agreement modified pursuant to clause 
(i).
    ``(I) In the case of an agreement for the transfer of property of a 
military installation under this paragraph that was entered into during 
the period beginning on April 21, 1999, and ending on the date of 
enactment of the National Defense Authorization Act for Fiscal Year 2000 
[Oct. 5, 1999], at the request of the redevelopment authority concerned, 
the Secretary shall modify the agreement to conform to all the 
requirements of subparagraphs (B), (C), and (D). Such a modification may 
include the compromise, waiver, adjustment, release, or reduction of any 
right, title, claim, lien, or demand of the United States under the 
agreement.
    ``(J) The Secretary may require any additional terms and conditions 
in connection with a transfer under this paragraph as such Secretary 
considers appropriate to protect the interests of the United States.
    ``(5)(A) Except as provided in subparagraphs (B) and (C), the 
Secretary shall take such actions as the Secretary determines necessary 
to ensure that final determinations under paragraph (1) regarding 
whether another department or agency of the Federal Government has 
identified a use for any portion of a military installation to be closed 
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 
such clause that are located within the area to be served by the new or 
replacement Federal facility or within a 200-mile radius of the new or 
replacement facility, whichever area is greater, were considered to be 
unsuitable or unavailable for the site of the new or replacement 
facility.
    ``(iii) This subparagraph shall apply during the period beginning on 
the date of the enactment of the National Defense Authorization Act for 
Fiscal Year 1998 [Nov. 18, 1997] and ending on July 31, 2001.
    ``(6)(A) Except as provided in this paragraph, nothing in this 
section shall limit or otherwise affect the application of the 
provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11301 et seq.) to military installations closed under this part. For 
procedures relating to the use to assist the homeless of buildings and 
property at installations closed under this part after the date of the 
enactment of this sentence [Oct. 25, 1994], see paragraph (7).
    ``(B)(i) Not later than the date on which the Secretary of Defense 
completes the determination under paragraph (5) of the transferability 
of any portion of an installation to be closed under this part, the 
Secretary shall--
        ``(I) complete any determinations or surveys necessary to 
    determine whether any building or property referred to in clause 
    (ii) is excess property, surplus property, or unutilized or 
    underutilized property for the purpose of the information referred 
    to in section 501(a) of such Act (42 U.S.C. 11411(a)); and
        ``(II) submit to the Secretary of Housing and Urban Development 
    information on any building or property that is so determined.
    ``(ii) The buildings and property referred to in clause (i) are any 
buildings or property located at an installation referred to in that 
clause for which no use is identified, or of which no Federal department 
or agency will accept transfer, pursuant to the determination of 
transferability referred to in that clause.
    ``(C) Not later than 60 days after the date on which the Secretary 
of Defense submits information to the Secretary of Housing and Urban 
Development under subparagraph (B)(ii), the Secretary of Housing and 
Urban Development shall--
        ``(i) identify the buildings and property described in such 
    information that are suitable for use to assist the homeless;
        ``(ii) notify the Secretary of Defense of the buildings and 
    property that are so identified;
        ``(iii) publish in the Federal Register a list of the buildings 
    and property that are so identified, including with respect to each 
    building or property the information referred to in section 
    501(c)(1)(B) of such Act [42 U.S.C. 11411(c)(1)(B)]; and
        ``(iv) make available with respect to each building and property 
    the information referred to in section 501(c)(1)(C) of such Act in 
    accordance with such section 501(c)(1)(C).
    ``(D) Any buildings and property included in a list published under 
subparagraph (C)(iii) shall be treated as property available for 
application for use to assist the homeless under section 501(d) of such 
Act.
    ``(E) The Secretary of Defense shall make available in accordance 
with section 501(f) of such Act any buildings or property referred to in 
subparagraph (D) for which--
        ``(i) a written notice of an intent to use such buildings or 
    property to assist the homeless is received by the Secretary of 
    Health and Human Services in accordance with section 501(d)(2) of 
    such Act;
        ``(ii) an application for use of such buildings or property for 
    such purpose is submitted to the Secretary of Health and Human 
    Services in accordance with section 501(e)(2) of such Act; and
        ``(iii) the Secretary of Health and Human Services--
            ``(I) completes all actions on the application in accordance 
        with section 501(e)(3) of such Act; and
            ``(II) approves the application under section 501(e) of such 
        Act.
    ``(F)(i) Subject to clause (ii), a redevelopment authority may 
express in writing an interest in using buildings and property referred 
to subparagraph (D), and buildings and property referred to in 
subparagraph (B)(ii) which have not been identified as suitable for use 
to assist the homeless under subparagraph (C), or use such buildings and 
property, in accordance with the redevelopment plan with respect to the 
installation at which such buildings and property are located as 
follows:
        ``(I) If no written notice of an intent to use such buildings or 
    property to assist the homeless is received by the Secretary of 
    Health and Human Services in accordance with section 501(d)(2) of 
    such Act during the 60-day period beginning on the date of the 
    publication of the buildings and property under subparagraph 
    (C)(iii).
        ``(II) In the case of buildings and property for which such 
    notice is so received, if no completed application for use of the 
    buildings or property for such purpose is received by the Secretary 
    of Health and Human Services in accordance with section 501(e)(2) of 
    such Act during the 90-day period beginning on the date of the 
    receipt of such notice.
        ``(III) In the case of buildings and property for which such 
    application is so received, if the Secretary of Health and Human 
    Services rejects the application under section 501(e) of such Act.
    ``(ii) Buildings and property shall be available only for the 
purpose of permitting a redevelopment authority to express in writing an 
interest in the use of such buildings and property, or to use such 
buildings and property, under clause (i) as follows:
        ``(I) In the case of buildings and property referred to in 
    clause (i)(I), during the one-year period beginning on the first day 
    after the 60-day period referred to in that clause.
        ``(II) In the case of buildings and property referred to in 
    clause (i)(II), during the one-year period beginning on the first 
    day after the 90-day period referred to in that clause.
        ``(III) In the case of buildings and property referred to in 
    clause (i)(III), during the one-year period beginning on the date of 
    the rejection of the application referred to in that clause.
    ``(iii) A redevelopment authority shall express an interest in the 
use of buildings and property under this subparagraph by notifying the 
Secretary of Defense, in writing, of such an interest.
    ``(G)(i) Buildings and property available for a redevelopment 
authority under subparagraph (F) shall not be available for use to 
assist the homeless under section 501 of such Act [42 U.S.C. 11411] 
while so available for a redevelopment authority.
    ``(ii) If a redevelopment authority does not express an interest in 
the use of buildings or property, or commence the use of buildings or 
property, under subparagraph (F) within the applicable time periods 
specified in clause (ii) of such subparagraph, such buildings or 
property shall be treated as property available for use to assist the 
homeless under section 501(a) of such Act.
    ``(7)(A) The disposal of buildings and property located at 
installations approved for closure or realignment under this part after 
October 25, 1994, shall be carried out in accordance with this paragraph 
rather than paragraph (6).
    ``(B)(i) Not later than the date on which the Secretary of Defense 
completes the final determinations referred to in paragraph (5) relating 
to the use or transferability of any portion of an installation covered 
by this paragraph, the Secretary shall--
        ``(I) identify the buildings and property at the installation 
    for which the Department of Defense has a use, for which another 
    department or agency of the Federal Government has identified a use, 
    or of which another department or agency will accept a transfer;
        ``(II) take such actions as are necessary to identify any 
    building or property at the installation not identified under 
    subclause (I) that is excess property or surplus property;
        ``(III) submit to the Secretary of Housing and Urban Development 
    and to the redevelopment authority for the installation (or the 
    chief executive officer of the State in which the installation is 
    located if there is no redevelopment authority for the installation 
    at the completion of the determination described in the stem of this 
    sentence) information on any building or property that is identified 
    under subclause (II); and
        ``(IV) publish in the Federal Register and in a newspaper of 
    general circulation in the communities in the vicinity of the 
    installation information on the buildings and property identified 
    under subclause (II).
    ``(ii) Upon the recognition of a redevelopment authority for an 
installation covered by this paragraph, the Secretary of Defense shall 
publish in the Federal Register and in a newspaper of general 
circulation in the communities in the vicinity of the installation 
information on the redevelopment authority.
    ``(C)(i) State and local governments, representatives of the 
homeless, and other interested parties located in the communities in the 
vicinity of an installation covered by this paragraph shall submit to 
the redevelopment authority for the installation a notice of the 
interest, if any, of such governments, representatives, and parties in 
the buildings or property, or any portion thereof, at the installation 
that are identified under subparagraph (B)(i)(II). A notice of interest 
under this clause shall describe the need of the government, 
representative, or party concerned for the buildings or property covered 
by the notice.
    ``(ii) The redevelopment authority for an installation shall assist 
the governments, representatives, and parties referred to in clause (i) 
in evaluating buildings and property at the installation for purposes of 
this subparagraph.
    ``(iii) In providing assistance under clause (ii), a redevelopment 
authority shall--
        ``(I) consult with representatives of the homeless in the 
    communities in the vicinity of the installation concerned; and
        ``(II) undertake outreach efforts to provide information on the 
    buildings and property to representatives of the homeless, and to 
    other persons or entities interested in assisting the homeless, in 
    such communities.
    ``(iv) It is the sense of Congress that redevelopment authorities 
should begin to conduct outreach efforts under clause (iii)(II) with 
respect to an installation as soon as is practicable after the date of 
approval of closure 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.
    ``(E)(i) In submitting to a redevelopment authority under 
subparagraph (C) a notice of interest in the use of buildings or 
property at an installation to assist the homeless, a representative of 
the homeless shall submit the following:
        ``(I) A description of the homeless assistance program that the 
    representative proposes to carry out at the installation.
        ``(II) An assessment of the need for the program.
        ``(III) A description of the extent to which the program is or 
    will be coordinated with other homeless assistance programs in the 
    communities in the vicinity of the installation.
        ``(IV) A description of the buildings and property at the 
    installation that are necessary in order to carry out the program.
        ``(V) A description of the financial plan, the organization, and 
    the organizational capacity of the representative to carry out the 
    program.
        ``(VI) An assessment of the time required in order to commence 
    carrying out the program.
    ``(ii) A redevelopment authority may not release to the public any 
information submitted to the redevelopment authority under clause (i)(V) 
without the consent of the representative of the homeless concerned 
unless such release is authorized under Federal law and under the law of 
the State and communities in which the installation concerned is 
located.
    ``(F)(i) The redevelopment authority for each installation covered 
by this paragraph shall prepare a redevelopment plan for the 
installation. The redevelopment authority shall, in preparing the plan, 
consider the interests in the use to assist the homeless of the 
buildings and property at the installation that are expressed in the 
notices submitted to the redevelopment authority under subparagraph (C).
    ``(ii)(I) In connection with a redevelopment plan for an 
installation, a redevelopment authority and representatives of the 
homeless shall prepare legally binding agreements that provide for the 
use to assist the homeless of buildings and property, resources, and 
assistance on or off the installation. The implementation of such 
agreements shall be contingent upon the decision regarding the disposal 
of the buildings and property covered by the agreements by the Secretary 
of Defense under subparagraph (K) or (L).
    ``(II) Agreements under this clause shall provide for the reversion 
to the redevelopment authority concerned, or to such other entity or 
entities as the agreements shall provide, of buildings and property that 
are made available under this paragraph for use to assist the homeless 
in the event that such buildings and property cease being used for that 
purpose.
    ``(iii) A redevelopment authority shall provide opportunity for 
public comment on a redevelopment plan before submission of the plan to 
the Secretary of Defense and the Secretary of Housing and Urban 
Development under subparagraph (G).
    ``(iv) A redevelopment authority shall complete preparation of a 
redevelopment plan for an installation and submit the plan under 
subparagraph (G) not later than 9 months after the date specified by the 
redevelopment authority for the installation under subparagraph (D).
    ``(G)(i) Upon completion of a redevelopment plan under subparagraph 
(F), a redevelopment authority shall submit an application containing 
the plan to the Secretary of Defense and to the Secretary of Housing and 
Urban Development.
    ``(ii) A redevelopment authority shall include in an application 
under clause (i) the following:
        ``(I) A copy of the redevelopment plan, including a summary of 
    any public comments on the plan received by the redevelopment 
    authority under subparagraph (F)(iii).
        ``(II) A copy of each notice of interest of use of buildings and 
    property to assist the homeless that was submitted to the 
    redevelopment authority under subparagraph (C), together with a 
    description of the manner, if any, in which the plan addresses the 
    interest expressed in each such notice and, if the plan does not 
    address such an interest, an explanation why the plan does not 
    address the interest.
        ``(III) A summary of the outreach undertaken by the 
    redevelopment authority under subparagraph (C)(iii)(II) in preparing 
    the plan.
        ``(IV) A statement identifying the representatives of the 
    homeless and the homeless assistance planning boards, if any, with 
    which the redevelopment authority consulted in preparing the plan, 
    and the results of such consultations.
        ``(V) An assessment of the manner in which the redevelopment 
    plan balances the expressed needs of the homeless and the need of 
    the communities in the vicinity of the installation for economic 
    redevelopment and other development.
        ``(VI) Copies of the agreements that the redevelopment authority 
    proposes to enter into under subparagraph (F)(ii).
    ``(H)(i) Not later than 60 days after receiving a redevelopment plan 
under subparagraph (G), the Secretary of Housing and Urban Development 
shall complete a review of the plan. The purpose of the review is to 
determine whether the plan, with respect to the expressed interest and 
requests of representatives of the homeless--
        ``(I) takes into consideration the size and nature of the 
    homeless population in the communities in the vicinity of the 
    installation, the availability of existing services in such 
    communities to meet the needs of the homeless in such communities, 
    and the suitability of the buildings and property covered by the 
    plan for the use and needs of the homeless in such communities;
        ``(II) takes into consideration any economic impact of the 
    homeless assistance under the plan on the communities in the 
    vicinity of the installation;
        ``(III) balances in an appropriate manner the needs of the 
    communities in the vicinity of the installation for economic 
    redevelopment and other development with the needs of the homeless 
    in such communities;
        ``(IV) was developed in consultation with representatives of the 
    homeless and the homeless assistance planning boards, if any, in the 
    communities in the vicinity of the installation; and
        ``(V) specifies the manner in which buildings and property, 
    resources, and assistance on or off the installation will be made 
    available for homeless assistance purposes.
    ``(ii) It is the sense of Congress that the Secretary of Housing and 
Urban Development shall, in completing the review of a plan under this 
subparagraph, take into consideration and be receptive to the 
predominant views on the plan of the communities in the vicinity of the 
installation covered by the plan.
    ``(iii) The Secretary of Housing and Urban Development may engage in 
negotiations and consultations with a redevelopment authority before or 
during the course of a review under clause (i) with a view toward 
resolving any preliminary determination of the Secretary that a 
redevelopment plan does not meet a requirement set forth in that clause. 
The redevelopment authority may modify the redevelopment plan as a 
result of such negotiations and consultations.
    ``(iv) Upon completion of a review of a redevelopment plan under 
clause (i), the Secretary of Housing and Urban Development shall notify 
the Secretary of Defense and the redevelopment authority concerned of 
the determination of the Secretary of Housing and Urban Development 
under that clause.
    ``(v) If the Secretary of Housing and Urban Development determines 
as a result of such a review that a redevelopment plan does not meet the 
requirements set forth in clause (i), a notice under clause (iv) shall 
include--
        ``(I) an explanation of that determination; and
        ``(II) a statement of the actions that the redevelopment 
    authority must undertake in order to address that determination.
    ``(I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a 
determination that a redevelopment plan does not meet a requirement set 
forth in subparagraph (H)(i), a redevelopment authority shall have the 
opportunity to--
        ``(I) revise the plan in order to address the determination; and
        ``(II) submit the revised plan to the Secretary of Defense and 
    the Secretary of Housing and Urban Development.
    ``(ii) A redevelopment authority shall submit a revised plan under 
this subparagraph to such Secretaries, if at all, not later than 90 days 
after the date on which the redevelopment authority receives the notice 
referred to in clause (i).
    ``(J)(i) Not later than 30 days after receiving a revised 
redevelopment plan under subparagraph (I), the Secretary of Housing and 
Urban Development shall review the revised plan and determine if the 
plan meets the requirements set forth in subparagraph (H)(i).
    ``(ii) The Secretary of Housing and Urban Development shall notify 
the Secretary of Defense and the redevelopment authority concerned of 
the determination of the Secretary of Housing and Urban Development 
under this subparagraph.
    ``(K)(i) Upon receipt of a notice under subparagraph (H)(iv) or 
(J)(ii) of the determination of the Secretary of Housing and Urban 
Development that a redevelopment plan for an installation meets the 
requirements set forth in subparagraph (H)(i), the Secretary of Defense 
shall dispose of the buildings and property at the installation.
    ``(ii) For purposes of carrying out an environmental assessment of 
the closure or realignment of an installation, the Secretary of Defense 
shall treat the redevelopment plan for the installation (including the 
aspects of the plan providing for disposal to State or local 
governments, representatives of the homeless, and other interested 
parties) as part of the proposed Federal action for the installation.
    ``(iii) The Secretary of Defense shall dispose of buildings and 
property under clause (i) in accordance with the record of decision or 
other decision document prepared by the Secretary in accordance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In 
preparing the record of decision or other decision document, the 
Secretary shall give substantial deference to the redevelopment plan 
concerned.
    ``(iv) The disposal under clause (i) of buildings and property to 
assist the homeless shall be without consideration.
    ``(v) In the case of a request for a conveyance under clause (i) of 
buildings and property for public benefit under section 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).
    ``(L)(i) If the Secretary of Housing and Urban Development 
determines under subparagraph (J) that a revised redevelopment plan for 
an installation does not meet the requirements set forth in subparagraph 
(H)(i), or if no revised plan is so submitted, that Secretary shall--
        ``(I) review the original redevelopment plan submitted to that 
    Secretary under subparagraph (G), including the notice or notices of 
    representatives of the homeless referred to in clause (ii)(II) of 
    that subparagraph;
        ``(II) consult with the representatives referred to in subclause 
    (I), if any, for purposes of evaluating the continuing interest of 
    such representatives in the use of buildings or property at the 
    installation to assist the homeless;
        ``(III) request that each such representative submit to that 
    Secretary the items described in clause (ii); and
        ``(IV) based on the actions of that Secretary under subclauses 
    (I) and (II), and on any information obtained by that Secretary as a 
    result of such actions, indicate to the Secretary of Defense the 
    buildings and property at the installation that meet the 
    requirements set forth in subparagraph (H)(i).
    ``(ii) The Secretary of Housing and Urban Development may request 
under clause (i)(III) that a representative of the homeless submit to 
that Secretary the following:
        ``(I) A description of the program of such representative to 
    assist the homeless.
        ``(II) A description of the manner in which the buildings and 
    property that the representative proposes to use for such purpose 
    will assist the homeless.
        ``(III) Such information as that Secretary requires in order to 
    determine the financial capacity of the representative to carry out 
    the program and to ensure that the program will be carried out in 
    compliance with Federal environmental law and Federal law against 
    discrimination.
        ``(IV) A certification that police services, fire protection 
    services, and water and sewer services available in the communities 
    in the vicinity of the installation concerned are adequate for the 
    program.
    ``(iii) Not later than 90 days after the date of the receipt of a 
revised plan for an installation under subparagraph (J), the Secretary 
of Housing and Urban Development shall--
        ``(I) notify the Secretary of Defense and the redevelopment 
    authority concerned of the buildings and property at an installation 
    under clause (i)(IV) that the Secretary of Housing and Urban 
    Development determines are suitable for use to assist the homeless; 
    and
        ``(II) notify the Secretary of Defense of the extent to which 
    the revised plan meets the criteria set forth in subparagraph 
    (H)(i).
    ``(iv)(I) Upon notice from the Secretary of Housing and Urban 
Development with respect to an installation under clause (iii), the 
Secretary of Defense shall dispose of buildings and property at the 
installation in consultation with the Secretary of Housing and Urban 
Development and the redevelopment authority concerned.
    ``(II) For purposes of carrying out an environmental assessment of 
the closure or realignment of an installation, the Secretary of Defense 
shall treat the redevelopment plan submitted by the redevelopment 
authority for the installation (including the aspects of the plan 
providing for disposal to State or local governments, representatives of 
the homeless, and other interested parties) as part of the proposed 
Federal action for the installation. The Secretary of Defense shall 
incorporate the notification of the Secretary of Housing and Urban 
Development under clause (iii)(I) as part of the proposed Federal action 
for the installation only to the extent, if any, that the Secretary of 
Defense considers such incorporation to be appropriate and consistent 
with the best and highest use of the installation as a whole, taking 
into consideration the redevelopment plan submitted by the redevelopment 
authority.
    ``(III) The Secretary of Defense shall dispose of buildings and 
property under subclause (I) in accordance with the record of decision 
or other decision document prepared by the Secretary in accordance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
In preparing the record of decision or other decision document, the 
Secretary shall give deference to the redevelopment plan submitted by 
the redevelopment authority for the installation.
    ``(IV) The disposal under subclause (I) of buildings and property to 
assist the homeless shall be without consideration.
    ``(V) In the case of a request for a conveyance under subclause (I) 
of buildings and property for public benefit under section 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 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.
    ``(O) For purposes of this paragraph, the term `communities in the 
vicinity of the installation', in the case of an installation, means the 
communities that constitute the political jurisdictions (other than the 
State in which the installation is located) that comprise the 
redevelopment authority for the installation.
    ``(P) For purposes of this paragraph, the term `other interested 
parties', in the case of an installation, includes any parties eligible 
for the conveyance of property of the installation under section 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, whether or not the parties assist the homeless.
    ``(8)(A) Subject to subparagraph (C), the Secretary may enter into 
agreements (including contracts, cooperative agreements, or other 
arrangements for reimbursement) with local governments for the provision 
of police or security services, fire protection services, airfield 
operation services, or other community services by such governments at 
military installations to be closed under this part, or at facilities 
not yet transferred or otherwise disposed of in the case of 
installations closed under this part, if the Secretary determines that 
the provision of such services under such agreements is in the best 
interests of the Department of Defense.
    ``(B) The Secretary may exercise the authority provided under this 
paragraph without regard to the provisions of chapter 146 of title 10, 
United States Code.
    ``(C) The Secretary may not exercise the authority under 
subparagraph (A) with respect to an installation earlier than 180 days 
before the date on which the installation is to be closed.
    ``(D) The Secretary shall include in a contract for services entered 
into with a local government under this paragraph a clause that requires 
the use of professionals to furnish the services to the extent that 
professionals are available in the area under the jurisdiction of such 
government.
    ``(c) Applicability of National Environmental Policy Act of 1969.--
(1) The provisions of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) shall not apply to the actions of the President, 
the Commission, and, except as provided in paragraph (2), the Department 
of Defense in carrying out this part.
    ``(2)(A) The provisions of the National Environmental Policy Act of 
1969 shall apply to actions of the Department of Defense under this part 
(i) during the process of property disposal, and (ii) during the process 
of relocating functions from a military installation being closed or 
realigned to another military installation after the receiving 
installation has been selected but before the functions are relocated.
    ``(B) In applying the provisions of the National Environmental 
Policy Act of 1969 to the processes referred to in subparagraph (A), the 
Secretary of Defense and the Secretary of the military departments 
concerned shall not have to consider--
        ``(i) the need for closing or realigning the military 
    installation which has been recommended for closure or realignment 
    by the Commission;
        ``(ii) the need for transferring functions to any military 
    installation which has been selected as the receiving installation; 
    or
        ``(iii) military installations alternative to those recommended 
    or selected.
    ``(3) A civil action for judicial review, with respect to any 
requirement of the National Environmental Policy Act of 1969 to the 
extent such Act is applicable under paragraph (2), of any act or failure 
to act by the Department of Defense during the closing, realigning, or 
relocating of functions referred to in clauses (i) and (ii) of paragraph 
(2)(A), may not be brought more than 60 days after the date of such act 
or failure to act.
    ``(d) Waiver.--The Secretary of Defense may close or realign 
military installations under this part without regard to--
        ``(1) any provision of law restricting the use of funds for 
    closing or realigning military installations included in any 
    appropriations or authorization Act; and
        ``(2) sections 2662 and 2687 of title 10, United States Code.
    ``(e) Transfer Authority in Connection With Payment of Environmental 
Remediation Costs.--(1)(A) Subject to paragraph (2) of this subsection 
and section 120(h) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the 
Secretary may enter into an agreement to transfer by deed real property 
or facilities referred to in subparagraph (B) with any person who agrees 
to perform all environmental restoration, waste management, and 
environmental compliance activities that are required for the property 
or facilities under Federal and State laws, administrative decisions, 
agreements (including schedules and milestones), and concurrences.
    ``(B) The real property and facilities referred to in subparagraph 
(A) are the real property and facilities located at an installation 
closed or to be closed under this part that are available exclusively 
for the use, or expression of an interest in a use, of a redevelopment 
authority under subsection (b)(6)(F) during the period provided for that 
use, or expression of interest in use, under that subsection.
    ``(C) The Secretary may require any additional terms and conditions 
in connection with an agreement authorized by subparagraph (A) as the 
Secretary considers appropriate to protect the interests of the United 
States.
    ``(2) A transfer of real property or facilities may be made under 
paragraph (1) only if the Secretary certifies to Congress that--
        ``(A) the costs of all environmental restoration, waste 
    management, and environmental compliance activities to be paid by 
    the recipient of the property or facilities are equal to or greater 
    than the fair market value of the property or facilities to be 
    transferred, as determined by the Secretary; or
        ``(B) if such costs are lower than the fair market value of the 
    property or facilities, the recipient of the property or facilities 
    agrees to pay the difference between the fair market value and such 
    costs.
    ``(3) As part of an agreement under paragraph (1), the Secretary 
shall disclose to the person to whom the property or facilities will be 
transferred any information of the Secretary regarding the environmental 
restoration, waste management, and environmental compliance activities 
described in paragraph (1) that relate to the property or facilities. 
The Secretary shall provide such information before entering into the 
agreement.
    ``(4) Nothing in this subsection shall be construed to modify, 
alter, or amend the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.).
    ``(5) Section 330 of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note) shall not 
apply to any transfer under this subsection to persons or entities 
described in subsection (a)(2) of such section 330.
    ``(6) The Secretary may not enter into an agreement to transfer 
property or facilities under this subsection after the expiration of the 
five-year period beginning on the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 1994 [Nov. 30, 1993].
    ``(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 
    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 end 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 U.S.C. 2687 note).
    ``(3) The Account shall be closed at the time and in the manner 
provided for appropriation accounts under section 1555 of title 31, 
United States Code. Unobligated funds which remain in the Account upon 
closure shall be held by the Secretary of the Treasury until transferred 
by law after the congressional defense committees receive the final 
report transmitted under subsection (c)(2).
    ``(b) Use of Funds.--(1) The Secretary may use the funds in the 
Account only for the purposes described in section 2905 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 expended 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 
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
        ``(B) real property and facilities for nonappropriated fund 
    instrumentalities.
    ``(4) As used in this subsection:
        ``(A) The term `commissary store funds' means funds received 
    from the adjustment of, or surcharge on, selling prices at 
    commissary stores fixed under section 2685 of title 10, United 
    States Code.
        ``(B) The term `nonappropriated funds' means funds received from 
    a nonappropriated fund instrumentality.
        ``(C) The term `nonappropriated fund instrumentality' means an 
    instrumentality of the United States under the jurisdiction of the 
    Armed Forces (including the Army and Air Force Exchange Service, the 
    Navy Resale and Services Support Office, and the Marine Corps 
    exchanges) which is conducted for the comfort, pleasure, 
    contentment, or physical or mental improvement of members of the 
    Armed Forces.
    ``(e) Account Exclusive Source of Funds for Environmental 
Restoration Projects.--Except 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) Terms of the Resolution.--For purposes of section 2904(b), the 
term `joint resolution' means only a joint resolution which is 
introduced within the 10-day period beginning on the date on which the 
President transmits the report to the Congress under section 2903(e), 
and--
        ``(1) which does not have a preamble;
        ``(2) the matter after the resolving clause of which is as 
    follows: `That Congress disapproves the recommendations of the 
    Defense Base Closure and Realignment Commission as submitted by the 
    President on ------', the blank space being filled in with the 
    appropriate date; and
        ``(3) the title of which is as follows: `Joint resolution 
    disapproving the recommendations of the Defense Base Closure and 
    Realignment Commission.'.
    ``(b) Referral.--A resolution described in subsection (a) that is 
introduced in the House of Representatives shall be referred to the 
Committee on 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 
date on which the President transmits the report to the Congress under 
section 2903(e), such committee shall be, at the end of such period, 
discharged from further consideration of such resolution, and such 
resolution shall be placed on the appropriate calendar of the House 
involved.
    ``(d) Consideration.--(1) On or after the third day after the date 
on which the committee to which such a resolution is referred has 
reported, or has been discharged (under subsection (c)) from further 
consideration of, such a resolution, it is in order (even though a 
previous motion to the same effect has been disagreed to) for any Member 
of the respective House to move to proceed to the consideration of the 
resolution. A Member may make the motion only on the day after the 
calendar day on which the Member announces to the House concerned the 
Member's intention to make the motion, except that, in the case of the 
House of Representatives, the motion may be made without such prior 
announcement if the motion is made by direction of the committee to 
which the resolution was referred. All points of order against the 
resolution (and against consideration of the resolution) are waived. The 
motion is highly privileged in the House of Representatives and is 
privileged in the Senate and is not debatable. The motion is not subject 
to amendment, or to a motion to postpone, or to a motion to proceed to 
the consideration of other business. A motion to reconsider the vote by 
which the motion is agreed to or disagreed to shall not be in order. If 
a motion to proceed to the consideration of the resolution is agreed to, 
the respective House shall immediately proceed to consideration of the 
joint resolution without intervening motion, order, or other business, 
and the resolution shall remain the unfinished business of the 
respective House until disposed of.
    ``(2) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 2 
hours, which shall be divided equally between those favoring and those 
opposing the resolution. An amendment to the resolution is not in order. 
A motion further to limit debate is in order and not debatable. A motion 
to postpone, or a motion to proceed to the consideration of other 
business, or a motion to recommit the resolution is not in order. A 
motion to reconsider the vote by which the resolution is agreed to or 
disagreed to is not in order.
    ``(3) Immediately following the conclusion of the debate on a 
resolution described in subsection (a) and a single quorum call at the 
conclusion of the debate if requested in accordance with the rules of 
the appropriate House, the vote on final passage of the resolution shall 
occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution described 
in subsection (a) shall be decided without debate.
    ``(e) Consideration by Other House.--(1) If, before the passage by 
one House of a resolution of that House described in subsection (a), 
that House receives from the other House a resolution described in 
subsection (a), then the following procedures shall apply:
        ``(A) The resolution of the other House shall not be referred to 
    a committee and may not be considered in the House receiving it 
    except in the case of final passage as provided in subparagraph 
    (B)(ii).
        ``(B) With respect to a resolution described in subsection (a) 
    of the House receiving the resolution--
            ``(i) the procedure in that House shall be the same as if no 
        resolution had been received from the other House; but
            ``(ii) the vote on final passage shall be on the resolution 
        of the other House.
    ``(2) Upon disposition of the resolution received from the other 
House, it shall no longer be in order to consider the resolution that 
originated in the receiving House.
    ``(f) Rules of the Senate and House.--This section is enacted by 
Congress--
        ``(1) as an exercise of the rulemaking power of the Senate and 
    House of Representatives, respectively, and as such it is deemed a 
    part of the rules of each House, respectively, but applicable only 
    with respect to the procedure to be followed in that House in the 
    case of a resolution described in subsection (a), and it supersedes 
    other rules only to the extent that it is inconsistent with such 
    rules; and
        ``(2) with full recognition of the constitutional right of 
    either House to change the rules (so far as relating to the 
    procedure of that House) at any time, in the same manner, and to the 
    same extent as in the case of any other rule of that House.
``SEC. 2909. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY
    ``(a) In General.--Except as provided in subsection (c), during the 
period beginning on the date of the enactment of this Act [Nov. 5, 1990] 
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 2687 of title 
    10, United States Code, is not applicable, including closures and 
    realignments carried out for reasons of national security or a 
    military emergency referred to in subsection (c) of such section.
``SEC. 2910. DEFINITIONS
    ``As used in this part:
        ``(1) The term `Account' means the Department of Defense Base 
    Closure Account 1990 established by section 2906(a)(1).
        ``(2) The term `congressional defense committees' means the 
    Committee on Armed Services and the Committee on Appropriations of 
    the Senate and the Committee on Armed Services and the Committee on 
    Appropriations of the House of Representatives.
        ``(3) The term `Commission' means the Commission established by 
    section 2902.
        ``(4) The term `military installation' means a base, camp, post, 
    station, yard, center, homeport facility for any ship, or other 
    activity under the jurisdiction of the Department of Defense, 
    including any leased facility. Such term does not include any 
    facility used primarily for civil works, rivers and harbors 
    projects, flood control, or other projects not under the primary 
    jurisdiction or control of the Department of Defense.
        ``(5) The term `realignment' includes any action which both 
    reduces and relocates functions and civilian personnel positions but 
    does not include a reduction in force resulting from workload 
    adjustments, reduced personnel or funding levels, or skill 
    imbalances.
        ``(6) The term `Secretary' means the Secretary of Defense.
        ``(7) The term `United States' means the 50 States, the District 
    of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
    Islands, American Samoa, and any other commonwealth, territory, or 
    possession of the United States.
        ``(8) The term `date of approval', with respect to a closure or 
    realignment of an installation, means the date on which the 
    authority of Congress to disapprove a recommendation of closure or 
    realignment, as the case may be, of such installation under this 
    part expires.
        ``(9) The term `redevelopment authority', in the case of an 
    installation to be closed under this part, means any entity 
    (including an entity established by a State or local government) 
    recognized by the Secretary of Defense as the entity responsible for 
    developing the redevelopment plan with respect to the installation 
    or for directing the implementation of such plan.
        ``(10) The term `redevelopment plan' in the case of an 
    installation to be closed 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 McKinney-Vento Homeless 
    Assistance Act (42 U.S.C. 11411(i)(4)).
``SEC. 2911. CLARIFYING AMENDMENT
    ``[Amended this section.]''
    [For effective date of amendment by section 2813(d)(2) of Pub. L. 
103-337 to section 2910 of Pub. L. 101-510, set out above, see Effective 
Date of 1994 Amendments by Section 2813(d)(1) and (2) of Pub. L. 103-337 
note set out above.]
    [Section 2902(c) of Pub. L. 103-160 provided that: ``For the 
purposes of section 2905(b)(3) of the Defense Base Closure and 
Realignment Act of 1990 [Pub. L. 101-510, set out above], as added by 
subsection (b), the date of approval of closure of any installation 
approved for closure before the date of the enactment of this Act [Nov. 
30, 1993] shall be deemed to be the date of the enactment of this 
Act.'']
    [Section 2904(c) of Pub. L. 103-160 provided that: ``The Secretary 
of Defense shall make the determinations required under section 
2905(b)(5) of the Defense Base Closure and Realignment Act of 1990 [Pub. 
L. 101-510, set out above], as added by subsection (b), in the case of 
installations approved for closure under such Act [part A of title XXIX 
of div. B of Pub. L. 101-510, set out above] before the date of the 
enactment of this Act [Nov. 30, 1993], not later than 6 months after the 
date of the enactment of this Act.'']
    [Section 2930(b) of Pub. L. 103-160 provided that: ``The amendment 
made by this section [amending section 2903(d)(1) of Pub. L. 101-510 set 
out above] shall apply with respect to all public hearings conducted by 
the Defense Base Closure and Realignment Commission after the date of 
the enactment of this Act [Nov. 30, 1993].'']
    [For effective date of amendments by section 344(b)(1) of Pub. L. 
102-190 to section 2906 of Pub. L. 101-510, set out above, see Effective 
Date of 1991 Amendments by Section 344 of Pub. L. 102-190 note set out 
above.]
    [Section 2821(h)(2) of Pub. L. 102-190 provided that: ``The 
amendment made by paragraph (1) [amending section 2910 of Pub. L. 101-
510 set out above] shall take effect as of November 5, 1990, and shall 
apply as if it had been included in section 2910(4) of the Defense Base 
Closure and Realignment Act of 1990 [section 2910 of Pub. L. 101-510] on 
that date.'']
    [Section 2827(a)(3) of Pub. L. 102-190 provided that: ``The 
amendments made by this subsection [amending sections 2905 and 2906 of 
Pub. L. 101-510 set out above] shall take effect on the date of the 
enactment of this Act [Dec. 5, 1991].'']
    [References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.]


                Closure of Foreign Military Installations

    Pub. L. 102-396, title IX, Sec. 9047A, Oct. 6, 1992, 106 Stat. 1913, 
as amended by Pub. L. 104-106, div. A, title XV, Sec. 1502(f)(2), Feb. 
10, 1996, 110 Stat. 509, 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. 106-259, title VIII, Sec. 8019, Aug. 9, 2000, 114 Stat. 678.
    Pub. L. 106-79, title VIII, Sec. 8019, Oct. 25, 1999, 113 Stat. 
1235.
    Pub. L. 105-262, title VIII, Sec. 8019, Oct. 17, 1998, 112 Stat. 
2301.
    Pub. L. 105-56, title VIII, Sec. 8019, Oct. 8, 1997, 111 Stat. 1224.
    Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, 
Sec. 8020], Sept. 30, 1996, 110 Stat. 3009-71, 3009-92.
    Pub. L. 104-61, title VIII, Sec. 8027, Dec. 1, 1995, 109 Stat. 657.
    Pub. L. 103-335, title VIII, Sec. 8033, Sept. 30, 1994, 108 Stat. 
2625.
    Pub. L. 103-139, title VIII, Sec. 8036, Nov. 11, 1993, 107 Stat. 
1448.

    Section 2921 of Pub. L. 101-510, as amended by Pub. L. 102-190, div. 
A, title III, Sec. 344(b)(2), Dec. 5, 1991, 105 Stat. 1345; Pub. L. 102-
484, div. B, title XXVIII, Secs. 2821(c), 2827, Oct. 23, 1992, 106 Stat. 
2608, 2609; Pub. L. 103-160, div. B, title XXIX, Sec. 2924(b), Nov. 30, 
1993, 107 Stat. 1931; Pub. L. 103-337, div. A, title XIII, Sec. 1305(c), 
div. B, title XXVIII, Sec. 2817, Oct. 5, 1994, 108 Stat. 2891, 3057; 
Pub. L. 104-106, div. A, title X, Sec. 1063(b), title XV, 
Secs. 1502(c)(4)(D), 1505(e)(2), Feb. 10, 1996, 110 Stat. 444, 508, 515; 
Pub. L. 105-85, div. A, title X, Sec. 1073(d)(4)(C), Nov. 18, 1997, 111 
Stat. 1905; Pub. L. 106-65, div. A, title X, Sec. 1067(10), Oct. 5, 
1999, 113 Stat. 774, provided that:
    ``(a) Sense of Congress.--It is the sense of the Congress that--
        ``(1) the termination of military operations by the United 
    States at military installations outside the United States should be 
    accomplished at the discretion of the Secretary of Defense at the 
    earliest opportunity;
        ``(2) in providing for such termination, the Secretary of 
    Defense should take steps to ensure that the United States receives, 
    through direct payment or otherwise, consideration equal to the fair 
    market value of the improvements made by the United States at 
    facilities that will be released to host countries;
        ``(3) the Secretary of Defense, acting through the military 
    component commands or the sub-unified commands to the combatant 
    commands, should be the lead official in negotiations relating to 
    determining and receiving such consideration; and
        ``(4) the determination of the fair market value of such 
    improvements released to host countries in whole or in part by the 
    United States should be handled on a facility-by-facility basis.
    ``(b) Residual Value.--(1) For each installation outside the United 
States at which military operations were being carried out by the United 
States on October 1, 1990, the Secretary of Defense shall transmit, by 
no later than June 1, 1991, an estimate of the fair market value, as of 
January 1, 1991, of the improvements made by the United States at 
facilities at each such installation.
    ``(2) For purposes of this section:
        ``(A) The term `fair market value of the improvements' means the 
    value of improvements determined by the Secretary on the basis of 
    their highest use.
        ``(B) The term `improvements' includes new construction of 
    facilities and all additions, improvements, modifications, or 
    renovations made to existing facilities or to real property, without 
    regard to whether they were carried out with appropriated or 
    nonappropriated funds.
    ``(c) Establishment of Special Account.--(1) There is established on 
the books of the Treasury a special account to be known as the 
`Department of Defense Overseas Military Facility Investment Recovery 
Account'. Except as provided in subsection (d), amounts paid to the 
United States, pursuant to any treaty, status of forces agreement, or 
other international agreement to which the United States is a party, for 
the residual value of real property or improvements to real property 
used by civilian or military personnel of the Department of Defense 
shall be deposited into such account.
    ``(2) Money deposited in the Department of Defense Overseas Military 
Facility Investment Recovery Account shall be available to the Secretary 
of Defense for payment, as provided in appropriation Acts, of costs 
incurred by the Department of Defense in connection with--
        ``(A) facility maintenance and repair and environmental 
    restoration at military installations in the United States; and
        ``(B) facility maintenance and repair and compliance with 
    applicable environmental laws at military installations outside the 
    United States that the Secretary anticipates will be occupied by the 
    Armed Forces for a long period.
    ``(3) Funds in the Department of Defense Overseas Facility 
Investment Recovery Account shall remain available until expended.
    ``(d) Amounts Corresponding to the Value of Property Purchased With 
Nonappropriated Funds.--(1) In the case of a payment referred to in 
subsection (c)(1) for the residual value of real property or 
improvements at an overseas military facility, the portion of the 
payment that is equal to the depreciated value of the investment made 
with nonappropriated funds shall be deposited in the reserve account 
established under section 204(b)(7)(C) of the Defense Authorization 
Amendments and Base Closure and Realignment Act [Pub. L. 100-526, set 
out below]. The Secretary may use amounts in the account (in such an 
aggregate amount as is provided in advance by appropriation Acts) for 
the purpose of acquiring, constructing, or improving commissary stores 
and nonappropriated fund instrumentalities.
    ``(2) As used in this subsection:
        ``(A) The term `nonappropriated funds' means funds received 
    from--
            ``(i) the adjustment of, or surcharge on, selling prices at 
        commissary stores fixed under section 2685 of title 10, United 
        States Code; or
            ``(ii) a nonappropriated fund instrumentality.
        ``(B) The term `nonappropriated fund instrumentality' means an 
    instrumentality of the United States under the jurisdiction of the 
    Armed Forces (including the Army and Air Force Exchange Service, the 
    Navy Resale and Services Support Office, and the Marine Corps 
    exchanges) which is conducted for the comfort, pleasure, 
    contentment, or physical or mental improvement of members of the 
    Armed Forces.
    ``(e) Negotiations for Payments-in-Kind.--(1) Before the Secretary 
of Defense enters into negotiations with a host country regarding the 
acceptance by the United States of any payment-in-kind in connection 
with the release to the host country of improvements made by the United 
States at military installations in the host country, the Secretary 
shall submit to the appropriate congressional committees a written 
notice regarding the intended negotiations.
    ``(2) The notice shall contain the following:
        ``(A) A justification for entering into negotiations for 
    payments-in-kind with the host country.
        ``(B) The types of benefit options to be pursued by the 
    Secretary in the negotiations.
        ``(C) A discussion of the adjustments that are intended to be 
    made in the future-years defense program or in the budget of the 
    Department of Defense for the fiscal year in which the notice is 
    submitted or the following fiscal year in order to reflect costs 
    that it may no longer be necessary for the United States to incur as 
    a result of the payments-in-kind to be sought in the negotiations.
    ``(3) For purposes of this subsection, the appropriate congressional 
committees are--
        ``(A) the Committee on Armed Services, the Committee on 
    Appropriations, and the National Security Subcommittee of the 
    Committee on Appropriations of the House of Representatives; and
        ``(B) the Committee on Armed Services, the Committee on 
    Appropriations, and the Subcommittee on Defense of the Committee on 
    Appropriations of the Senate.
    ``(f) OMB Review of Proposed Settlements.--(1) The Secretary of 
Defense may not enter into an agreement of settlement with a host 
country regarding the release to the host country of improvements made 
by the United States to facilities at an installation located in the 
host country until 30 days after the date on which the Secretary submits 
the proposed settlement to the Director of the Office of Management and 
Budget. The prohibition set forth in the preceding sentence shall apply 
only to agreements of settlement for improvements having a value in 
excess of $10,000,000. The Director shall evaluate the overall equity of 
the proposed settlement. In evaluating the proposed settlement, the 
Director shall consider such factors as the extent of the United States 
capital investment in the improvements being released to the host 
country, the depreciation of the improvements, the condition of the 
improvements, and any applicable requirements for environmental 
remediation or restoration at the installation.
    ``(2) Each year, the Secretary shall submit to the Committee on 
Armed Services of the Senate and the Committee on Armed Services of the 
House of Representatives a report on each proposed agreement of 
settlement that was not submitted by the Secretary to the Director of 
the Office of Management and Budget in the previous year under paragraph 
(1) because the value of the improvements to be released pursuant to the 
proposed agreement did not exceed $10,000,000.
    ``(g) Congressional Oversight of Payments-In-Kind.--(1) 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 
    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, 1990], the Secretary of Defense shall submit to 
Congress a report containing the findings and recommendations of the 
task force established under paragraph (2) concerning--
        ``(A) ways to improve interagency coordination, within existing 
    laws, regulations, and administrative policies, of environmental 
    response actions at military installations (or portions of 
    installations) that are being closed, or are scheduled to be closed, 
    pursuant to title II of the Defense Authorization Amendments and 
    Base Closure and Realignment Act (Public Law 100-526) [set out 
    below]; and
        ``(B) ways to consolidate and streamline, within existing laws 
    and regulations, the practices, policies, and administrative 
    procedures of relevant Federal and State agencies with respect to 
    such environmental response actions so as to enable those actions to 
    be carried out more expeditiously.
    ``(2) There is hereby established an environmental response task 
force to make the findings and recommendations, and to prepare the 
report, required by paragraph (1). The task force shall consist of the 
following (or their designees):
        ``(A) The Secretary of Defense, who shall be chairman of the 
    task force.
        ``(B) The Attorney General.
        ``(C) The Administrator of the General Services Administration.
        ``(D) The Administrator of the Environmental Protection Agency.
        ``(E) The Chief of Engineers, Department of the Army.
        ``(F) A representative of a State environmental protection 
    agency, appointed by the head of the National Governors Association.
        ``(G) A representative of a State attorney general's office, 
    appointed by the head of the National Association of Attorney 
    Generals.
        ``(H) A representative of a public-interest environmental 
    organization, appointed by the Speaker of the House of 
    Representatives.''


    Community Preference Consideration in Closure and Realignment of 
                         Military Installations

    Section 2924 of Pub. L. 101-510 provided that: ``In any process of 
selecting any military installation inside the United States for closure 
or realignment, the Secretary of Defense shall take such steps as are 
necessary to assure that special consideration and emphasis is given to 
any official statement from a unit of general local government adjacent 
to or within a military installation requesting the closure or 
realignment of such installation.''


       Contracts for Certain Environmental Restoration Activities

    Section 2926 of Pub. L. 101-510, as amended by Pub. L. 103-160, div. 
A, title IX, Sec. 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106-65, 
div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717, provided 
that:
    ``(a) Establishment of Model Program.--Not later than 90 days after 
the date of enactment of this Act [Nov. 5, 1990], 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.S.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) 
    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, 1990], 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 
    U.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 
U.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 
U.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. 100-526] (10 
U.S.C. 2687 [note]).''


   Five-Year Plan for Environmental Restoration at Bases To Be Closed

    Pub. L. 101-189, div. A, title III, Sec. 353, Nov. 29, 1989, 103 
Stat. 1423, directed Secretary of Defense to develop a comprehensive 
five-year plan for environmental restoration at military installations 
that would be closed or realigned during fiscal years 1991 through 1995, 
pursuant to title II of the Defense Authorization Amendments and Base 
Closure and Realignment Act, Pub. L. 100-526, set out below, and, at 
same time President submits to Congress budget for fiscal year 1991 
pursuant to 31 U.S.C. 1105, to submit to Congress a report on the five-
year plan.


 Prohibition on Reducing End Strength Levels for Medical Personnel as a 
                Result of Base Closures and Realignments

    Pub. L. 101-189, div. A, title VII, Sec. 723, Nov. 29, 1989, 103 
Stat. 1478, provided that:
    ``(a) Prohibition.--The end strength levels for medical personnel 
for each component of the Armed Forces, and the number of civilian 
personnel of the Department of Defense assigned to military medical 
facilities, may not be reduced as a result of the closure or realignment 
of a military installation under section 2687 of title 10, United States 
Code, or title II of the Defense Authorization Amendments and Base 
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
    ``(b) Medical Personnel Defined.--For purposes of subsection (a), 
the term `medical personnel' has the meaning given that term in 
subparagraph (D) of section 115(b)(1) of title 10, United States Code.''


      Use of Closed Bases for Prisons and Drug Treatment Facilities

    Pub. L. 101-189, div. B, title XXVIII, Sec. 2832, Nov. 29, 1989, 103 
Stat. 1660, provided that:
    ``(a) Findings.--The Congress finds that--
        ``(1) the war on drugs is one of the highest priorities of the 
    Federal Government;
        ``(2) to effectively wage the war on drugs, adequate penal and 
    correctional facilities and a substantial increase in the number and 
    capacity of drug treatment facilities are needed;
        ``(3) under the base closure process, authorized by title II of 
    the Defense Authorization Amendments and Base Closure and 
    Realignment Act (Public Law 100-526; 102 Stat. 2627) [set out 
    below], 86 military bases are scheduled for closure; and
        ``(4) facilities rendered excess by the base closure process 
    should be seriously considered for use as prisons and drug treatment 
    facilities, as appropriate.
    ``(b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should, pursuant to the provisions of title II of 
the Defense Authorization Amendments and Base Closure and Realignment 
Act, give priority to making real property (including the improvements 
thereon) of the Department of Defense rendered excess or surplus as a 
result of the recommendations of the Commission on Base Realignment and 
Closure available to another Federal agency or a State or local 
government for use as a penal or correctional facility or as a drug 
abuse prevention, treatment, or rehabilitation center.''


Notice to Local and State Educational Agencies of Enrollment Changes Due 
                    to Base Closures and Realignments

    Pub. L. 101-189, div. B, title XXVIII, Sec. 2833, Nov. 29, 1989, 103 
Stat. 1661, provided that:
    ``(a) Identification of Enrollment Changes.--(1) Not later than 
January 1 of each year in which any activities necessary to close or 
realign a military installation under title II of the Defense 
Authorization Amendments and Base Closure and Realignment Act (Public 
Law 100-526; 102 Stat. 2627) [set out below] are conducted, the 
Secretary of Defense shall identify, to the extent practicable, each 
local educational agency that will experience at least a 5-percent 
increase or at least a 10-percent reduction in the number of dependent 
children of members of the Armed Forces and of civilian employees of the 
Department of Defense enrolled in schools under the jurisdiction of such 
agency during the next academic year (compared with the number of such 
children enrolled in such schools during the preceding year) as a result 
of the closure or realignment of a military installation under that Act 
[Pub. L. 100-526, see Short Title of 1988 Amendment note above].
    ``(2) The Secretary shall carry out this subsection in consultation 
with the Secretary of Education.
    ``(b) Notice Required.--Not later than 30 days after the date on 
which the Secretary of Defense identifies a local educational agency 
under subsection (a), the Secretary shall transmit a written notice of 
the schedule for the closure or realignment of the military installation 
affecting that local educational agency to that local educational agency 
and to the State government education agency responsible for 
administering State government education programs involving that local 
educational agency.''


            Closure and Realignment of Military Installations

    Pub. L. 100-526, title II, Oct. 24, 1988, 102 Stat. 2627, as amended 
by Pub. L. 101-510, div. B, title XXIX, Sec. 2923(b)(1), Nov. 5, 1990, 
104 Stat. 1821; Pub. L. 102-190, div. A, title III, Sec. 344(a), Dec. 5, 
1991, 105 Stat. 1344; Pub. L. 102-484, div. B, title XXVIII, 
Sec. 2821(a), Oct. 23, 1992, 106 Stat. 2606; Pub. L. 103-160, div. B, 
title XXIX, Secs. 2902(a), 2903(a), 2904(a), 2905(a), 2907(a), 2908(a), 
2918(b), 2921(a), Nov. 30, 1993, 107 Stat. 1909, 1912, 1915, 1916, 1921, 
1922, 1928, 1929; Pub. L. 103-337, div. A, title X, Sec. 1070(b)(13), 
div. B, title XXVIII, Secs. 2812(a), 2813(a)-(c)(1), (d)(1), (e)(1), 
Oct. 5, 1994, 108 Stat. 2857, 3054, 3055; Pub. L. 103-421, Sec. 2(f)(1), 
Oct. 25, 1994, 108 Stat. 4354; Pub. L. 104-106, div. A, title XV, 
Secs. 1504(a)(9), 1505(e)(3), div. B, title XXVIII, Secs. 2831(b)(1), 
2839(a), 2840(a), Feb. 10, 1996, 110 Stat. 513, 515, 558, 563, 564; Pub. 
L. 104-201, div. B, title XXVIII, Secs. 2811, 2812(a), 2813(a), Sept. 
23, 1996, 110 Stat. 2788, 2789; Pub. L. 105-85, div. A, title X, 
Sec. 1073(d)(6), div. B, title XXVIII, Sec. 2821(a), Nov. 18, 1997, 111 
Stat. 1906, 1996; Pub. L. 106-65, div. B, title XXVIII, Sec. 2821(b), 
Oct. 5, 1999, 113 Stat. 855; Pub. L. 106-398, Sec. 1 [div. B, title 
XXVIII, Sec. 2821(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-419; Pub. L. 
106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675, provided that:
``SEC. 201. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
    ``The Secretary shall--
        ``(1) close all military installations recommended for closure 
    by the Commission on Base Realignment and Closure in the report 
    transmitted to the Secretary pursuant to the charter establishing 
    such Commission;
        ``(2) realign all military installations recommended for 
    realignment by such Commission in such report; and
        ``(3) initiate all such closures and realignments no later than 
    September 30, 1991, and complete all such closures and realignments 
    no later than September 30, 1995, except that no such closure or 
    realignment may be initiated before January 1, 1990.
``SEC. 202. CONDITIONS
    ``(a) In General.--The Secretary may not carry out any closure or 
realignment of a military installation under this title unless--
        ``(1) no later than January 16, 1989, the Secretary transmits to 
    the Committees on Armed Services of the Senate and the House of 
    Representatives a report containing a statement that the Secretary 
    has approved, and the Department of Defense will implement, all of 
    the military installation closures and realignments recommended by 
    the Commission in the report referred to in section 201(1);
        ``(2) the Commission has recommended, in the report referred to 
    in section 201(1), the closure or realignment, as the case may be, 
    of the installation, and has transmitted to the Committees on Armed 
    Services of the Senate and the House of Representatives a copy of 
    such report and the statement required by section 203(b)(2); and
        ``(3) the Secretary of Defense has transmitted to the Commission 
    the study required by section 206(b).
    ``(b) Joint Resolution.--The Secretary may not carry out any closure 
or realignment under this title if, within the 45-day period beginning 
on March 1, 1989, a joint resolution is enacted, in accordance with the 
provisions of section 208, disapproving the recommendations of the 
Commission. The days on which either House of Congress is not in session 
because of an adjournment of more than 3 days to a day certain shall be 
excluded in the computation of such 45-day period.
    ``(c) Termination of Authority.--(1) Except as provided in paragraph 
(2), the authority of the Secretary to carry out any closure or 
realignment under this title shall terminate on October 1, 1995.
    ``(2) The termination of authority set forth in paragraph (1) shall 
not apply to the authority of the Secretary to carry out environmental 
restoration and waste management at, or disposal of property of, 
military installations closed or realigned under this title.
``SEC. 203. THE COMMISSION
    ``(a) Membership.--The Commission shall consist of 12 members 
appointed by the Secretary of Defense.
    ``(b) Duties.--The Commission shall--
        ``(1) transmit the report referred to in section 201(1) to the 
    Secretary no later than December 31, 1988, and shall include in such 
    report a description of the Commission's recommendations of the 
    military installations to which functions will be transferred as a 
    result of the closures and realignments recommended by the 
    Commission; and
        ``(2) on the same date on which the Commission transmits such 
    report to the Secretary, transmit to Committees on Armed Services of 
    the Senate and the House of Representatives--
            ``(A) a copy of such report; and
            ``(B) a statement certifying that the Commission has 
        identified the military installations to be closed or realigned 
        by reviewing all military installations inside the United 
        States, including all military installations under construction 
        and all those planned for construction.
    ``(c) Staff.--Not more than one-half of the professional staff of 
the Commission shall be individuals who have been employed by the 
Department of Defense during calendar year 1988 in any capacity other 
than as an employee of the Commission.
``SEC. 204. IMPLEMENTATION
    ``(a) In General.--In closing or realigning a military installation 
under this title, the Secretary--
        ``(1) subject to the availability of funds authorized for and 
    appropriated to the Department of Defense for use in planning and 
    design, minor construction, or operation and maintenance and the 
    availability of funds in the Account, may carry out actions 
    necessary to implement such closure or realignment, including the 
    acquisition of such land, the construction of such replacement 
    facilities, the performance of such activities, and the conduct of 
    such advance planning and design as may be required to transfer 
    functions from such military installation to another military 
    installation;
        ``(2) subject to the availability of funds authorized for and 
    appropriated to the Department of Defense for economic adjustment 
    assistance or community planning assistance and the availability of 
    funds in the Account, shall provide--
            ``(A) economic adjustment assistance to any community 
        located near a military installation being closed or realigned; 
        and
            ``(B) community planning assistance to any community located 
        near a military installation to which functions will be 
        transferred as a result of such closure or realignment,
    if the Secretary determines that the financial resources available 
    to the community (by grant or otherwise) for such purposes are 
    inadequate; and
        ``(3) subject to the availability of funds authorized for and 
    appropriated to the Department of Defense for environmental 
    restoration and the availability of funds in the Account, may carry 
    out activities for the purpose of environmental restoration, 
    including reducing, removing, and recycling hazardous wastes and 
    removing unsafe buildings and debris.
    ``(b) Management and Disposal of Property.--(1) The Administrator of 
General Services shall delegate to the Secretary, with respect to excess 
and surplus real property, facilities, and personal property located at 
a military installation closed or realigned under this title--
        ``(A) the authority of the Administrator to utilize excess 
    property under 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 pursuant to paragraph (1) in 
accordance with--
        ``(i) all regulations in effect on the date of the enactment of 
    this title [Oct. 24, 1988] governing utilization of excess property 
    and disposal of surplus property under the Federal Property and 
    Administrative Services Act of 1949 [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).
    ``(C) The authority required to be delegated by paragraph (1) to the 
Secretary by the Administrator of General Services shall not include the 
authority to prescribe general policies and methods for utilizing excess 
property and disposing of surplus property.
    ``(D) The Secretary of Defense may transfer real property or 
facilities located at a military installation to be closed or realigned 
under this title, with or without reimbursement, to a military 
department or other entity (including a nonappropriated fund 
instrumentality) within the Department of Defense or the Coast Guard.
    ``(E) Before any action may be taken with respect to the disposal of 
any surplus real property or facility located at any military 
installation to be closed or realigned under this title, the Secretary 
shall consult with the Governor of the State and the heads of the local 
governments concerned for the purpose of considering any plan for the 
use of such property by the local community concerned.
    ``(F) The provisions of this paragraph and paragraph (1) are subject 
to paragraphs (3) through (6).
    ``(3)(A) Not later than 6 months after the date of the enactment of 
the National Defense Authorization Act for Fiscal Year 1994 [Nov. 30, 
1993], the Secretary, in consultation with the redevelopment authority 
with respect to each military installation to be closed under this title 
after such date of enactment, shall--
        ``(i) inventory the personal property located at the 
    installation; and
        ``(ii) identify the items (or categories of items) of such 
    personal property that the Secretary determines to be related to 
    real property and anticipates will support the implementation of the 
    redevelopment plan with respect to the installation.
    ``(B) If no redevelopment authority referred to in subparagraph (A) 
exists with respect to an installation, the Secretary shall consult 
with--
        ``(i) the local government in whose jurisdiction the 
    installation is wholly located; or
        ``(ii) a local government agency or State government agency 
    designated for the purpose of such consultation by the chief 
    executive officer of the State in which the installation is located.
    ``(C)(i) Except as provided in subparagraphs (E) and (F), the 
Secretary may not carry out any of the activities referred to in clause 
(ii) with respect to an installation referred to in that clause until 
the earlier of--
        ``(I) one week after the date on which the redevelopment plan 
    for the installation is submitted to the Secretary;
        ``(II) the date on which the redevelopment authority notifies 
    the Secretary that it will not submit such a plan;
        ``(III) twenty-four months after the date referred to in 
    subparagraph (A); or
        ``(IV) ninety days before the date of the closure of the 
    installation.
    ``(ii) The activities referred to in clause (i) are activities 
relating to the closure of an installation to be closed under this title 
as follows:
        ``(I) The transfer from the installation of items of personal 
    property at the installation identified in accordance with 
    subparagraph (A).
        ``(II) The reduction in maintenance and repair of facilities or 
    equipment located at the installation below the minimum levels 
    required to support the use of such facilities or equipment for 
    nonmilitary purposes.
    ``(D) Except as provided in paragraph (4), the Secretary may not 
transfer items of personal property located at an installation to be 
closed under this title to another installation, or dispose of such 
items, if such items are identified in the redevelopment plan for the 
installation as items essential to the reuse or redevelopment of the 
installation. In connection with the development of the redevelopment 
plan for the installation, the Secretary shall consult with the entity 
responsible for developing the redevelopment plan to identify the items 
of personal property located at the installation, if any, that the 
entity desires to be retained at the installation for reuse or 
redevelopment of the installation.
    ``(E) This paragraph shall not apply to any related personal 
property located at an installation to be closed under this title if the 
property--
        ``(i) is required for the operation of a unit, function, 
    component, weapon, or weapons system at another installation;
        ``(ii) is uniquely military in character, and is likely to have 
    no civilian use (other than use for its material content or as a 
    source of commonly used components);
        ``(iii) is not required for the reutilization or redevelopment 
    of the installation (as jointly determined by the Secretary and the 
    redevelopment authority);
        ``(iv) is stored at the installation for purposes of 
    distribution (including spare parts or stock items); or
        ``(v)(I) meets known requirements of an authorized program of 
    another Federal department or agency for which expenditures for 
    similar property would be necessary, and (II) is the subject of a 
    written request by the head of the department or agency.
    ``(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary 
may carry out any activity referred to in subparagraph (C)(ii) or (D) if 
the Secretary determines that the carrying out of such activity is in 
the national security interest of the United States.
    ``(4)(A) The Secretary may transfer real property and personal 
property located at a military installation to be closed or realigned 
under this title to the redevelopment authority with respect to the 
installation for purposes of job generation on the installation.
    ``(B) The transfer of property of a military installation under 
subparagraph (A) shall be without consideration if the redevelopment 
authority with respect to the installation--
        ``(i) agrees that the proceeds from any sale or lease of the 
    property (or any portion thereof) received by the redevelopment 
    authority during at least the first seven years after the date of 
    the initial transfer of property under subparagraph (A) shall be 
    used to support the economic redevelopment of, or related to, the 
    installation; and
        ``(ii) executes the agreement for transfer of the property and 
    accepts control of the property within a reasonable time after the 
    date of the property disposal record of decision or finding of no 
    significant impact under the National Environmental Policy Act of 
    1969 (42 U.S.C. 4321 et seq.).
    ``(C) For purposes of subparagraph (B), the use of proceeds from a 
sale or lease described in such subparagraph to pay for, or offset the 
costs of, public investment on or related to the installation for any of 
the following purposes shall be considered a use to support the economic 
redevelopment of, or related to, the installation:
        ``(i) Road construction.
        ``(ii) Transportation management facilities.
        ``(iii) Storm and sanitary sewer construction.
        ``(iv) Police and fire protection facilities and other public 
    facilities.
        ``(v) Utility construction.
        ``(vi) Building rehabilitation.
        ``(vii) Historic property preservation.
        ``(viii) Pollution prevention equipment or facilities.
        ``(ix) Demolition.
        ``(x) Disposal of hazardous materials generated by demolition.
        ``(xi) Landscaping, grading, and other site or public 
    improvements.
        ``(xii) Planning for or the marketing of the development and 
    reuse of the installation.
    ``(D) The Secretary may recoup from a redevelopment authority such 
portion of the proceeds from a sale or lease described in subparagraph 
(B) as the Secretary determines appropriate if the redevelopment 
authority does not use the proceeds to support economic redevelopment 
of, or related to, the installation for the period specified in 
subparagraph (B).
    ``(E) 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 
U.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;
        ``(II) the terms of the modification do not require the return 
    of any payments that have been made to the Secretary;
        ``(III) the terms of the modification do not compromise, waive, 
    adjust, release, or reduce any right, title, claim, lien, or demand 
    of the United States with respect to in-kind consideration; and
        ``(IV) the cash consideration to which the United States is 
    entitled under the modified agreement, when combined with the cash 
    consideration to be received by the United States for the disposal 
    of other real property assets on the installation, are as sufficient 
    as they were under the original agreement to fund the reserve 
    account established under paragraph (7)(C), with the depreciated 
    value of the investment made with commissary store funds or 
    nonappropriated funds in property disposed of pursuant to the 
    agreement being modified, in accordance with section 2906(d) of the 
    Defense Base Closure and Realignment Act of 1990 [Pub. L. 101-510, 
    10 U.S.C. 2687 note].
    ``(ii) When exercising the authority granted by clause (i), the 
Secretary may waive some or all future payments if, and to the extent 
that, the Secretary determines such waiver is necessary.
    ``(iii) With the exception of the requirement that the transfer be 
without consideration, the requirements of subparagraphs (B), (C), and 
(D) shall be applicable to any agreement modified pursuant to clause 
(i).
    ``(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.
    ``(I) The Secretary may require any additional terms and conditions 
in connection with a transfer under this paragraph as such Secretary 
considers appropriate to protect the interests of the United States.
    ``(5)(A) Except as provided in subparagraphs (B) and (C), the 
Secretary shall take such actions as the Secretary determines necessary 
to ensure that final determinations under paragraph (1) regarding 
whether another department or agency of the Federal Government has 
identified a use for any portion of a military installation to be closed 
under this title after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 1994 [Nov. 30, 1993], or will accept 
transfer of any portion of such installation, are made not later than 6 
months after such date of enactment.
    ``(B) The Secretary may, in consultation with the redevelopment 
authority with respect to an installation, postpone making the final 
determinations referred to in subparagraph (A) with respect to the 
installation for such period as the Secretary determines appropriate if 
the Secretary determines that such postponement is in the best interests 
of the communities affected by the closure of the installation.
    ``(C)(i) Before acquiring non-Federal real property as the location 
for a new or replacement Federal facility of any type, the head of the 
Federal agency acquiring the property shall consult with the Secretary 
regarding the feasibility and cost advantages of using Federal property 
or facilities at a military installation closed or realigned or to be 
closed or realigned under this title as the location for the new or 
replacement facility. In considering the availability and suitability of 
a specific military installation, the Secretary and the head of the 
Federal agency involved shall obtain the concurrence of the 
redevelopment authority with respect to the installation and comply with 
the redevelopment plan for the installation.
    ``(ii) Not later than 30 days after acquiring non-Federal real 
property as the location for a new or replacement Federal facility, the 
head of the Federal agency acquiring the property shall submit to 
Congress a report containing the results of the consultation under 
clause (i) and the reasons why military installations referred to in 
such clause that are located within the area to be served by the new or 
replacement Federal facility or within a 200-mile radius of the new or 
replacement facility, whichever area is greater, were considered to be 
unsuitable or unavailable for the site of the new or replacement 
facility.
    ``(iii) This subparagraph shall apply during the period beginning on 
the date of the enactment of the National Defense Authorization Act for 
Fiscal Year 1998 [Nov. 18, 1997] and ending on July 31, 2001.
    ``(6)(A) Except as provided in this paragraph, nothing in this 
section shall limit or otherwise affect the application of the 
provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11301 et seq.) to military installations closed under this title.
    ``(B)(i) Not later than the date on which the Secretary of Defense 
completes the determination under paragraph (5) of the transferability 
of any portion of an installation to be closed under this title, the 
Secretary shall--
        ``(I) complete any determinations or surveys necessary to 
    determine whether any building or property referred to in clause 
    (ii) is excess property, surplus property, or unutilized or 
    underutilized property for the purpose of the information referred 
    to in section 501(a) of such Act (42 U.S.C. 11411(a)); and
        ``(II) submit to the Secretary of Housing and Urban Development 
    information on any building or property that is so determined.
    ``(ii) The buildings and property referred to in clause (i) are any 
buildings or property located at an installation referred to in that 
clause for which no use is identified, or of which no Federal department 
or agency will accept transfer, pursuant to the determination of 
transferability referred to in that clause.
    ``(C) Not later than 60 days after the date on which the Secretary 
of Defense submits information to the Secretary of Housing and Urban 
Development under subparagraph (B)(ii), the Secretary of Housing and 
Urban Development shall--
        ``(i) identify the buildings and property described in such 
    information that are suitable for use to assist the homeless;
        ``(ii) notify the Secretary of Defense of the buildings and 
    property that are so identified;
        ``(iii) publish in the Federal Register a list of the buildings 
    and property that are so identified, including with respect to each 
    building or property the information referred to in section 
    501(c)(1)(B) of such Act [42 U.S.C. 11411(c)(1)(B)]; and
        ``(iv) make available with respect to each building and property 
    the information referred to in section 501(c)(1)(C) of such Act in 
    accordance with such section 501(c)(1)(C).
    ``(D) Any buildings and property included in a list published under 
subparagraph (C)(iii) shall be treated as property available for 
application for use to assist the homeless under section 501(d) of such 
Act.
    ``(E) The Secretary of Defense shall make available in accordance 
with section 501(f) of such Act any buildings or property referred to in 
subparagraph (D) for which--
        ``(i) a written notice of an intent to use such buildings or 
    property to assist the homeless is received by the Secretary of 
    Health and Human Services in accordance with section 501(d)(2) of 
    such Act;
        ``(ii) an application for use of such buildings or property for 
    such purpose is submitted to the Secretary of Health and Human 
    Services in accordance with section 501(e)(2) of such Act; and
        ``(iii) the Secretary of Health and Human Services--
            ``(I) completes all actions on the application in accordance 
        with section 501(e)(3) of such Act; and
            ``(II) approves the application under section 501(e) of such 
        Act.
    ``(F)(i) Subject to clause (ii), a redevelopment authority may 
express in writing an interest in using buildings and property referred 
to in subparagraph (D), and buildings and property referred to in 
subparagraph (B)(ii) which have not been identified as suitable for use 
to assist the homeless under subparagraph (C), or use such buildings and 
property, in accordance with the redevelopment plan with respect to the 
installation at which such buildings and property are located as 
follows:
        ``(I) If no written notice of an intent to use such buildings or 
    property to assist the homeless is received by the Secretary of 
    Health and Human Services in accordance with section 501(d)(2) of 
    such Act during the 60-day period beginning on the date of the 
    publication of the buildings and property under subparagraph 
    (C)(iii).
        ``(II) In the case of buildings and property for which such 
    notice is so received, if no completed application for use of the 
    buildings or property for such purpose is received by the Secretary 
    of Health and Human Services in accordance with section 501(e)(2) of 
    such Act during the 90-day period beginning on the date of the 
    receipt of such notice.
        ``(III) In the case of building and property for which such 
    application is so received, if the Secretary of Health and Human 
    Services rejects the application under section 501(e) of such Act.
    ``(ii) Buildings and property shall be available only for the 
purpose of permitting a redevelopment authority to express in writing an 
interest in the use of such buildings and property, or to use such 
buildings and property, under clause (i) as follows:
        ``(I) In the case of buildings and property referred to in 
    clause (i)(I), during the one-year period beginning on the first day 
    after the 60-day period referred to in that clause.
        ``(II) In the case of buildings and property referred to in 
    clause (i)(II), during the one-year period beginning on the first 
    day after the 90-day period referred to in that clause.
        ``(III) In the case of buildings and property referred to in 
    clause (i)(III), during the one-year period beginning on the date of 
    the rejection of the application referred to in that clause.
    ``(iii) A redevelopment authority shall express an interest in the 
use of buildings and property under this subparagraph by notifying the 
Secretary of Defense, in writing, of such an interest.
    ``(G)(i) Buildings and property available for a redevelopment 
authority under subparagraph (F) shall not be available for use to 
assist the homeless under section 501 of such Act [42 U.S.C. 11411] 
while so available for a redevelopment authority.
    ``(ii) If a redevelopment authority does not express an interest in 
the use of buildings or property, or commence the use of buildings or 
property, under subparagraph (F) within the applicable time periods 
specified in clause (ii) of such subparagraph, such buildings or 
property shall be treated as property available for use to assist the 
homeless under section 501(a) of such Act.
    ``(7)(A) Except as provided in subparagraph (B) or (C), all 
proceeds--
        ``(i) from any transfer under paragraphs (3) through (6); and
        ``(ii) from the transfer or disposal of any other property or 
    facility made as a result of a closure or realignment under this 
    title,
shall be deposited into the Account established by section 207(a)(1).
    ``(B) In any case in which the General Services Administration is 
involved in the management or disposal of such property or facility, the 
Secretary shall reimburse the Administrator of General Services from the 
proceeds of such disposal, in accordance with section 1535 of title 31, 
United States Code, for any expenses incurred in such activities.
    ``(C)(i) If any real property or facility acquired, constructed, or 
improved (in whole or in part) with commissary store funds or 
nonappropriated funds is transferred or disposed of in connection with 
the closure or realignment of a military installation under this title, 
a portion of the proceeds of the transfer or other disposal of property 
on that installation shall be deposited in a reserve account established 
in the Treasury to be administered by the Secretary. 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--
        ``(I) commissary stores; and
        ``(II) real property and facilities for nonappropriated fund 
    instrumentalities.
    ``(ii) The amount deposited under clause (i) shall be equal to the 
depreciated value of the investment made with such funds in the 
acquisition, construction, or improvement of that particular real 
property or facility. The depreciated value of the investment shall be 
computed in accordance with regulations prescribed by the Secretary of 
Defense.
    ``(iii) As used in this subparagraph:
        ``(I) The term `commissary store funds' means funds received 
    from the adjustment of, or surcharge on, selling prices at 
    commissary stores fixed under section 2685 of title 10, United 
    States Code.
        ``(II) The term `nonappropriated funds' means funds received 
    from a nonappropriated fund instrumentality.
        ``(III) The term `nonappropriated fund instrumentality' means an 
    instrumentality of the United States under the jurisdiction of the 
    Armed Forces (including the Army and Air Force Exchange Service, the 
    Navy Resale and Services Support Office, and the Marine Corps 
    exchanges) which is conducted for the comfort, pleasure, 
    contentment, or physical or mental improvement of members of the 
    Armed Forces.
    ``(8)(A) Subject to subparagraph (C), the Secretary may enter into 
agreements (including contracts, cooperative agreements, or other 
arrangements for reimbursement) with local governments for the provision 
of police or security services, fire protection services, airfield 
operation services, or other community services by such governments at 
military installations to be closed under this title, or at facilities 
not yet transferred or otherwise disposed of in the case of 
installations closed under this title, if the Secretary determines that 
the provision of such services under such agreements is in the best 
interests of the Department of Defense.
    ``(B) The Secretary may exercise the authority provided under this 
paragraph without regard to the provisions of chapter 146 of title 10, 
United States Code.
    ``(C) The Secretary may not exercise the authority under 
subparagraph (A) with respect to an installation earlier than 180 days 
before the date on which the installation is to be closed.
    ``(D) The Secretary shall include in a contract for services entered 
into with a local government under this paragraph a clause that requires 
the use of professionals to furnish the services to the extent that 
professionals are available in the area under the jurisdiction of such 
government.
    ``(c) Applicability of Other Law.--(1) The provisions of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 
not apply to--
        ``(A) the actions of the Commission, including selecting the 
    military installations which the Commission recommends for closure 
    or realignment under this title, recommending any military 
    installation to receive functions from an installation to be closed 
    or realigned, and making its report to the Secretary and the 
    committees under section 203(b); and
        ``(B) the actions of the Secretary in establishing the 
    Commission, in determining whether to accept the recommendations of 
    the Commission, in selecting any military installation to receive 
    functions from an installation to be closed or realigned, and in 
    transmitting the report to the Committees referred to in section 
    202(a)(1).
    ``(2) The provisions of the National Environmental Policy Act of 
1969 shall apply to the actions of the Secretary (A) during the process 
of the closing or realigning of a military installation after such 
military installation has been selected for closure or realignment but 
before the installation is closed or realigned and the functions 
relocated, and (B) during the process of the relocating of functions 
from a military installation being closed or realigned to another 
military installation after the receiving installation has been selected 
but before the functions are relocated. In applying the provisions of 
such Act, the Secretary shall not have to consider--
        ``(i) the need for closing or realigning a military installation 
    which has been selected for closure or realignment by the 
    Commission;
        ``(ii) the need for transferring functions to another military 
    installation which has been selected as the receiving installation; 
    or
        ``(iii) alternative military installations to those selected.
    ``(3) A civil action for judicial review, with respect to any 
requirement of the National Environmental Policy Act of 1969 to the 
extent such Act is applicable under paragraph (2), or with respect to 
any requirement of the Commission made by this title, of any action or 
failure to act by the Secretary during the closing, realigning, or 
relocating referred to in clauses (A) and (B) of paragraph (2), or of 
any action or failure to act by the Commission under this title, may not 
be brought later than the 60th day after the date of such action or 
failure to act.
    ``(d) Transfer Authority in Connection With Payment of Environmental 
Remediation Costs.--(1)(A) Subject to paragraph (2) of this subsection 
and section 120(h) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the 
Secretary may enter into an agreement to transfer by deed real property 
or facilities referred to in subparagraph (B) with any person who agrees 
to perform all environmental restoration, waste management, and 
environmental compliance activities that are required for the property 
or facilities under Federal and State laws, administrative decisions, 
agreements (including schedules and milestones), and concurrences.
    ``(B) The real property and facilities referred to in subparagraph 
(A) are the real property and facilities located at an installation 
closed or to be closed under this title that are available exclusively 
for the use, or expression of an interest in a use, of a redevelopment 
authority under subsection (b)(6)(F) during the period provided for that 
use, or expression of interest in use, under that subsection.
    ``(C) The Secretary may require any additional terms and conditions 
in connection with an agreement authorized by subparagraph (A) as the 
Secretary considers appropriate to protect the interests of the United 
States.
    ``(2) A transfer of real property or facilities may be made under 
paragraph (1) only if the Secretary certifies to Congress that--
        ``(A) the costs of all environmental restoration, waste 
    management, and environmental compliance activities to be paid by 
    the recipient of the property or facilities are equal to or greater 
    than the fair market value of the property or facilities to be 
    transferred, as determined by the Secretary; or
        ``(B) if such costs are lower than the fair market value of the 
    property or facilities, the recipient of the property or facilities 
    agrees to pay the difference between the fair market value and such 
    costs.
    ``(3) As part of an agreement under paragraph (1), the Secretary 
shall disclose to the person to whom the property or facilities will be 
transferred any information of the Secretary regarding the environmental 
restoration, waste management, and environmental compliance activities 
described in paragraph (1) that relate to the property or facilities. 
The Secretary shall provide such information before entering into the 
agreement.
    ``(4) Nothing in this subsection shall be construed to modify, 
alter, or amend the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.).
    ``(5) Section 330 of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note) shall not 
apply to any transfer under this subsection to persons or entities 
described in subsection (a)(2) of such section 330.
    ``(6) The Secretary may not enter into an agreement to transfer 
property or facilities under this subsection after the expiration of the 
five-year period beginning on the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 1994 [Nov. 30, 1993].
    ``(e) 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 
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--
        ``(A) it is in the best interests of the Federal Government to 
    eliminate or relocate the manufactured housing park; and
        ``(B) the elimination or relocation of the manufactured housing 
    park would result in an unreasonable financial hardship to the 
    owners of the manufactured housing.
    ``(2) Any payment made under this subsection shall not exceed 90 
percent of the purchase price of the manufactured housing, as paid by 
the member or any spouse of the member, plus the cost of any permanent 
improvements subsequently made to the manufactured housing by the member 
or spouse of the member.
    ``(3) The Secretary shall dispose of manufactured housing acquired 
under this subsection through resale, donation, trade or otherwise 
within one year of acquisition.
``SEC. 205. WAIVER
    ``The Secretary may carry out this title without regard to--
        ``(1) any provision of law restricting the use of funds for 
    closing or realigning military installations included in any 
    appropriation or authorization Act; and
        ``(2) the procedures set forth in sections 2662 and 2687 of 
    title 10, United States Code.
``SEC. 206. REPORTS
    ``(a) In General.--As part of each annual budget request for the 
Department of Defense, the Secretary shall transmit to the appropriate 
committees of Congress--
        ``(1) a schedule of the closure and realignment actions to be 
    carried out under this title in the fiscal year for which the 
    request is made and an estimate of the total expenditures required 
    and cost savings to be achieved by each such closure and realignment 
    and of the time period in which these savings are to be achieved in 
    each case, together with the Secretary's assessment of the 
    environmental effects of such actions; and
        ``(2) a description of the military installations, including 
    those under construction and those planned for construction, to 
    which functions are to be transferred as a result of such closures 
    and realignments, together with the Secretary's assessment of the 
    environmental effects of such transfers.
    ``(b) Study.--(1) The Secretary shall conduct a study of the 
military installations of the United States outside the United States to 
determine if efficiencies can be realized through closure or realignment 
of the overseas base structure of the United States. Not later than 
October 15, 1988, the Secretary shall transmit a report of the findings 
and conclusions of such study to the Commission and to the Committees on 
Armed Services of the Senate and the House of Representatives. In 
developing its recommendations to the Secretary under this title, the 
Commission shall consider the Secretary's study.
    ``(2) Upon request of the Commission, the Secretary shall provide 
the Commission with such information about overseas bases as may be 
helpful to the Commission in its deliberations.
    ``(3) The Commission, based on its analysis of military 
installations in the United States and its review of the Secretary's 
study of the overseas base structure, may provide the Secretary with 
such comments and suggestions as it considers appropriate regarding the 
Secretary's study of the overseas base structure.
``SEC. 207. FUNDING
    ``(a) Account.--(1) There is hereby established on the books of the 
Treasury an account to be known as the `Department of Defense Base 
Closure Account' which shall be administered by the Secretary as a 
single account.
    ``(2) There shall be deposited into the Account--
        ``(A) funds authorized for and appropriated to the Account with 
    respect to fiscal year 1990 and fiscal years beginning thereafter;
        ``(B) any funds that the Secretary may, subject to approval in 
    an appropriation Act, transfer to the Account from funds 
    appropriated to the Department of Defense for any purpose, except 
    that such funds may be transferred only after the date on which the 
    Secretary transmits written notice of, and justification for, such 
    transfer to the appropriate committees of Congress; and
        ``(C) proceeds described in section 204(b)(4)(A).
    ``(3)(A) The Secretary may use the funds in the Account only for the 
purposes described in section 204(a).
    ``(B) When a decision is made to use funds in the Account to carry 
out a construction project under section 204(a)(1) and the cost of the 
project will exceed the maximum amount authorized by law for a minor 
construction project, the Secretary shall notify in writing the 
appropriate committees of Congress of the nature of, and justification 
for, the project and the amount of expenditures for such project. Any 
such construction project may be carried out without regard to section 
2802(a) of title 10, United States Code.
    ``(4) No later than 60 days after the end of each fiscal year in 
which the Secretary carries out activities under this title, the 
Secretary shall transmit a report to the appropriate committees of 
Congress of the amount and nature of the deposits into, and the 
expenditures from, the Account during such fiscal year and of the amount 
and nature of other expenditures made pursuant to section 204(a) during 
such fiscal year.
    ``(5)(A) Except as provided in subparagraph (B), unobligated funds 
which remain in the Account after the termination of the authority of 
the Secretary to carry out a closure or realignment under this title 
shall be held in the Account until transferred by law after the 
appropriate committees of Congress receive the report transmitted under 
paragraph (6).
    ``(B) The Secretary may, after the termination of authority referred 
to in subparagraph (A), use any unobligated funds referred to in that 
subparagraph that are not transferred in accordance with that 
subparagraph to carry out environmental restoration and waste management 
at, or disposal of property of, military installations closed or 
realigned under this title.
    ``(6) No later than 60 days after the termination of the authority 
of the Secretary to carry out a closure or realignment under this title, 
the Secretary shall transmit to the appropriate committees of Congress a 
report containing an accounting of--
        ``(A) all the funds deposited into and expended from the Account 
    or otherwise expended under this title; and
        ``(B) any amount remaining in the Account.
    ``(7) Proceeds received after September 30, 1995, from the lease, 
transfer, or disposal of any property at a military installation closed 
or realigned under this title shall be deposited directly into the 
Department of Defense Base Closure Account 1990 established by section 
2906(a) of the Defense Base Closure and Realignment Act of 1990 (part A 
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
    ``(b) Base Closure Account To Be Exclusive Source of Funds for 
Environmental Restoration Projects.--No funds appropriated to the 
Department of Defense may be used for purposes described in section 
204(a)(3) except funds that have been authorized for and appropriated to 
the Account. The prohibition in the preceding sentence expires upon the 
termination of the authority of the Secretary to carry out a closure or 
realignment under this title.
``SEC. 208. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT
    ``(a) Terms of the Resolution.--For purposes of section 202(b), the 
term `joint resolution' means only a joint resolution which is 
introduced before March 15, 1989, and--
        ``(1) which does not have a preamble;
        ``(2) the matter after the resolving clause of which is as 
    follows: `That Congress disapproves the recommendations of the 
    Commission on Base Realignment and Closure established by the 
    Secretary of Defense as submitted to the Secretary of Defense on     
          ', the blank space being appropriately filled in; and
        ``(3) the title of which is as follows: `Joint resolution 
    disapproving the recommendations of the Commission on Base 
    Realignment and Closure.'.
    ``(b) Referral.--A resolution described in subsection (a), 
introduced in the House of Representatives shall be referred to the 
Committee on Armed Services of the House of Representatives. A 
resolution described in subsection (a) introduced in the Senate shall be 
referred to the Committee on Armed Services of the Senate.
    ``(c) Discharge.--If the committee to which a resolution described 
in subsection (a) is referred has not reported such resolution (or an 
identical resolution) before March 15, 1989, such committee shall be, as 
of March 15, 1989, discharged from further consideration of such 
resolution, and such resolution shall be placed on the appropriate 
calendar of the House involved.
    ``(d) Consideration.--(1) On or after the third day after the date 
on which the committee to which such a resolution is referred has 
reported, or has been discharged (under subsection (c)) from further 
consideration of, such a resolution, it is in order (even though a 
previous motion to the same effect has been disagreed to) for any Member 
of the respective House to move to proceed to the consideration of the 
resolution (but only on the day after the calendar day on which such 
Member announces to the House concerned the Member's intention to do 
so). All points of order against the resolution (and against 
consideration of the resolution) are waived. The motion is highly 
privileged in the House of Representatives and is privileged in the 
Senate and is not debatable. The motion is not subject to amendment, or 
to a motion to postpone, or to a motion to proceed to the consideration 
of other business. A motion to reconsider the vote by which the motion 
is agreed to or disagreed to shall not be in order. If a motion to 
proceed to the consideration of the resolution is agreed to, the 
respective House shall immediately proceed to consideration of the joint 
resolution without intervening motion, order, or other business, and the 
resolution shall remain the unfinished business of the respective House 
until disposed of.
    ``(2) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 10 
hours, which shall be divided equally between those favoring and those 
opposing the resolution. An amendment to the resolution is not in order. 
A motion further to limit debate is in order and not debatable. A motion 
to postpone, or a motion to proceed to the consideration of other 
business, or a motion to recommit the resolution is not in order. A 
motion to reconsider the vote by which the resolution is agreed to or 
disagreed to is not in order.
    ``(3) Immediately following the conclusion of the debate on a 
resolution described in subsection (a) and a single quorum call at the 
conclusion of the debate if requested in accordance with the rules of 
the appropriate House, the vote on final passage of the resolution shall 
occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution described 
in subsection (a) shall be decided without debate.
    ``(e) Consideration by Other House.--(1) If, before the passage by 
one House of a resolution of that House described in subsection (a), 
that House receives from the other House a resolution described in 
subsection (a), then the following procedures shall apply:
        ``(A) The resolution of the other House shall not be referred to 
    a committee and may not be considered in the House receiving it 
    except in the case of final passage as provided in subparagraph 
    (B)(ii).
        ``(B) With respect to a resolution described in subsection (a) 
    of the House receiving the resolution--
            ``(i) the procedure in that House shall be the same as if no 
        resolution had been received from the other House; but
            ``(ii) the vote on final passage shall be on the resolution 
        of the other House.
    ``(2) Upon disposition of the resolution received from the other 
House, it shall no longer be in order to consider the resolution that 
originated in the receiving House.
    ``(f) Rules of the Senate and House.--This section is enacted by 
Congress--
        ``(1) as an exercise of the rulemaking power of the Senate and 
    House of Representatives, respectively, and as such it is deemed a 
    part of the rules of each House, respectively, but applicable only 
    with respect to the procedure to be followed in that House in the 
    case of a resolution described in subsection (a), and it supersedes 
    other rules only to the extent that it is inconsistent with such 
    rules; and
        ``(2) with full recognition of the constitutional right of 
    either House to change the rules (so far as relating to the 
    procedure of that House) at any time, in the same manner, and to the 
    same extent as in the case of any other rule of that House.
``SEC. 209. DEFINITIONS
    ``In this title:
        ``(1) The term `Account' means the Department of Defense Base 
    Closure Account established by section 207(a)(1).
        ``(2) The term `appropriate committees of Congress' means the 
    Committees on Armed Services and the Committees on Appropriations of 
    the Senate and the House of Representatives.
        ``(3) The terms `Commission on Base Realignment and Closure' and 
    `Commission' mean the Commission established by the Secretary of 
    Defense in the charter signed by the Secretary on May 3, 1988, and 
    as altered thereafter with respect to the membership and voting.
        ``(4) The term `charter establishing such Commission' means the 
    charter referred to in paragraph (3).
        ``(5) The term `initiate' includes any action reducing functions 
    or civilian personnel positions but does not include studies, 
    planning, or similar activities carried out before there is a 
    reduction of such functions or positions.
        ``(6) The term `military installation' means a base, camp, post, 
    station, yard, center, homeport facility for any ship, or other 
    activity under the jurisdiction of the Secretary of a military 
    department.
        ``(7) The term `realignment' includes any action which both 
    reduces and relocates functions and civilian personnel positions.
        ``(8) The term `Secretary' means the Secretary of Defense.
        ``(9) The term `United States' means the 50 States, the District 
    of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
    Islands, American Samoa, and any other commonwealth, territory, or 
    possession of the United States.
        ``(10) The term `redevelopment authority', in the case of an 
    installation to be closed under this title, means any entity 
    (including an entity established by a State or local government) 
    recognized by the Secretary of Defense as the entity responsible for 
    developing the redevelopment plan with respect to the installation 
    or for directing the implementation of such plan.
        ``(11) The term `redevelopment plan' in the case of an 
    installation to be closed under this title, means a plan that--
            ``(A) is agreed to by the redevelopment authority with 
        respect to the installation; and
            ``(B) provides for the reuse or redevelopment of the real 
        property and personal property of the installation that is 
        available for such reuse or redevelopment as a result of the 
        closure of the installation.''
    [For effective date of amendment by section 2813(d)(1) of Pub. L. 
103-337 to section 209 of Pub. L. 100-526, set out above, see Effective 
Date of Amendment by Section 2813(d)(1) and (2) of Pub. L. 103-337 note 
set out above.]
    [For effective date of amendment by section 344(a) of Pub. L. 102-
190 to sections 204 and 209 of Pub. L. 100-526, set out above, see 
Effective Date of 1991 Amendments by Section 344 of Pub. L. 102-190 note 
set out above.]
    [Section 2923(b)(2) of Pub. L. 101-510 provided that: ``The 
amendment made by paragraph (1) [amending section 207 of Pub. L. 100-526 
set out above] does not apply with respect to the availability of funds 
appropriated before the date of the enactment of this Act [Nov. 5, 
1990].'']

                  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 
40 sections 484, 485; title 42 section 9620; title 49 section 47118.
