References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (f), is [Pub. L. 91–190], Jan. 1, 1970, [83 Stat. 852], which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments
2013—Subsecs. (c) to (e). [Pub. L. 112–239, § 2712(a)(2)], (3), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (g).
Subsec. (f). [Pub. L. 112–239, § 1076(f)(33)], substituted “as a result” for “at a result” in introductory provisions.
Subsec. (g). [Pub. L. 112–239, § 2712(a)(1)], redesignated subsec. (e) as (g).
2011—Subsec. (b)(1). [Pub. L. 112–81, § 2704(a)], substituted “notification—” for “notification”, inserted subpar. (A) designation before “an evaluation”, and added subpar. (B).
Subsec. (f). [Pub. L. 112–81, § 2704(b)], added subsec. (f).
2008—Subsec. (e)(1). [Pub. L. 110–417] inserted “the Commonwealth of the Northern Mariana Islands,” after “Virgin Islands,”.
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, § 1405(41)(A)], substituted “1,000” for “one thousand”.
Subsec. (b)(2). [Pub. L. 98–525, § 1405(41)(B)], inserted “(42 U.S.C. 4321 et seq.)”.
Subsec. (b)(4). [Pub. L. 98–525, § 1405(41)(C)], substituted “60” for “sixty”.
Subsec. (d)(1)(B). [Pub. L. 98–525, § 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
[Pub. L. 99–145, title XII, § 1202(b)], Nov. 8, 1985, [99 Stat. 718], 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, § 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, § 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, § 344(c)], Dec. 5, 1991, [105 Stat. 1346], provided that: “The amendments made by this section [amending provisions set out as notes below] shall apply with regard to the transfer or disposal of any real property or facility pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act [[Pub. L. 100–526], set out below] or the Defense Base Closure and Realignment Act of 1990 [part A of title XXIX of div. B of [Pub. L. 101–510], set out below] occurring on or after the date of the enactment of this Act [Dec. 5, 1991].”
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Base Realignment and Closure Upon Notice From Governor of State
[Pub. L. 115–232, div. B, title XXVII], §§ 2702, 2703, Aug. 13, 2018, [132 Stat. 2257], 2259, provided that:“SEC. 2702.
ADDITIONAL AUTHORITY TO REALIGN OR CLOSE CERTAIN MILITARY INSTALLATIONS.
“(a)
Authorization.—
Notwithstanding sections 993 or 2687 of title 10, United States Code, and subject to subsection (d), the Secretary of Defense may take such actions as may be necessary to carry out the realignment or closure of a military installation in a State during a fiscal year if—
“(1)
the military installation is the subject of a notice which is described in subsection (b); and
“(2)
the Secretary includes the military installation in the report submitted under paragraph (2) of subsection (c) with respect to the fiscal year.
“(b)
Notice From Governor of State.—
A notice described in this subsection is a notice received by the Secretary of Defense from the Governor of a State (or, in the case of the District of Columbia, the Mayor of the District of Columbia) in which the Governor recommends that the Secretary carry out the realignment or closure of a military installation located in the State, and which includes each of the following elements:
“(1)
A specific description of the military installation, or a specific description of the relevant real and personal property.
“(2)
Statements of support for the realignment or closure from units of local government in which the installation is located.
“(3)
A detailed plan for the reuse or redevelopment of the real and personal property of the installation, together with a description of the local redevelopment authority which will be responsible for the implementation of the plan.
“(c)
Response to Notice.—
“(1)
Mandatory response to governor and congress.—
Not later than 1 year after receiving a notice from the Governor of a State (or, in the case of the District of Columbia, from the Mayor of the District of Columbia), the Secretary of Defense shall submit a response to the notice to the Governor and the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] indicating whether or not the Secretary accepts the recommendation for the realignment or closure of a military installation which is the subject of the notice.
“(2)
Acceptance of recommendation.—
If the Secretary of Defense determines that it is in the interests of the United States to accept the recommendation for the realignment or closure of a military installation which is the subject of a notice received under subsection (b) and intends to carry out the realignment or closure of the installation pursuant to the authority of this section during a fiscal year, at the time the budget is submitted under
section 1105(a) of title 31, United States Code, for the fiscal year, the Secretary shall submit a report to the congressional defense committees which includes the following:
“(A)
The identification of each military installation for which the Secretary intends to carry out a realignment or closure pursuant to the authority of this section during the fiscal year, together with the reasons the Secretary of Defense believes that it is in the interest of the United States to accept the recommendation of the Governor of the State involved for the realignment or closure of the installation.
“(B)
For each military installation identified under subparagraph (A), a master plan describing the required scope of work, cost, and timing for all facility actions needed to carry out the realignment or closure, including the construction of new facilities and the repair or renovation of existing facilities.
“(C)
For each military installation identified under subparagraph (A), a certification that, not later than the end of the fifth fiscal year after the completion of the realignment or closure, the savings resulting from the realignment or closure will exceed the costs of carrying out the realignment or closure, together with an estimate of the annual recurring savings that would be achieved by the realignment or closure of the installation and the timeframe required for the financial savings to exceed the costs of carrying out the realignment or closure.
“(d)
Limitations.—
“(1)
Timing.—
The Secretary may not initiate the realignment or closure of a military installation pursuant to the authority of this section until the expiration of the 90-day period beginning on the date the Secretary submits the report under paragraph (2) of subsection (c).
“(2)
Total costs.—
Subject to appropriations, the aggregate cost to the government in carrying out the realignment or closure of military installations pursuant to the authority of this section for all fiscal years may not exceed $2,000,000,000. In determining the cost to the government for purposes of this section, there shall be included the costs of planning and design, military construction, operations and maintenance, environmental restoration, information technology, termination of public-private contracts, guarantees, and other factors contributing to the cost of carrying out the realignment or closure, as determined by the Secretary.
“(e)
Process for Implementation.—
The implementation of the realignment or closure of a military installation pursuant to the authority of this section shall be carried out in accordance with section 2905 of the Defense Base Closure and Realignment Act of 1990 (title XXIX of
[Public Law 101–510];
10 U.S.C. 2687 note) in the same manner as the implementation of a realignment or closure of a military installation pursuant to the authority of such Act.
“(f)
State Defined.—
In this section, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
“(g)
Termination of Authority.—
The authority of the Secretary to carry out a realignment or closure pursuant to this section shall terminate at the end of fiscal year 2029.
“SEC. 2703.
PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND CLOSURE (BRAC) ROUND.
“Nothing in this Act [div. B of [Pub. L. 115–232], see Tables for classification] shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.”
[[Pub. L. 115–232, div. B, § 2003], Aug. 13, 2018, [132 Stat. 2241], provided that: “Titles XXI through XXVII [enacting sections 2702 and 2703 of title XXVII of div. B of [Pub. L. 115–232], set out above] and title XXIX shall take effect on the later of—[“(1) October 1, 2018; or
[“(2) the date of the enactment of this Act [Aug. 13, 2018].”
]
Closure of Existing Current Accounts; Transfer of Funds
[Pub. L. 112–239, div. B, title XXVII, § 2711(b)], Jan. 2, 2013, [126 Stat. 2143], provided that:“(1)
Closure.—
Subject to paragraph (2), the Secretary of the Treasury shall close, pursuant to
section 1555 of title 31, United States Code, the following accounts on the books of the Treasury:
“(A)
The Department of Defense Base Closure Account 2005 established by section 2906A 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 in effect on the effective date of this section.
“(B)
The Department of Defense Base Closure Account 1990 established by section 2906 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 in effect on the effective date of this section.
“(C)
The Department of Defense Base Closure Account established by section 207 of the Defense Authorization Amendments and Base Closure and Realignment Act (
[Public Law 100–526];
10 U.S.C. 2687 note), as in effect on the effective date of this section.
“(2)
Transfer of funds.—
All amounts remaining in the three accounts specified in paragraph (1) as of the effective date of this section, shall be transferred, effective on that date, to the Department of Defense Base Closure Account established by section 2906 of the Defense Base Closure and Realignment Act of 1990, as added by subsection (a).
“(3)
Cross references.—
Except as provided in this subsection or the context requires otherwise, any reference in a law, regulation, document, paper, or other record of the United States to an account specified in paragraph (1) shall be deemed to be a reference to the Department of Defense Base Closure Account established by section 2906 of the Defense Base Closure and Realignment Act of 1990, as added by subsection (a).”
[[Section 2711(b) of Pub. L. 112–239], set out above, effective on the later of Oct. 1, 2013, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2014 (div. J of [Pub. L. 113–76], approved Jan. 17, 2014), see [section 2711(d) of Pub. L. 112–239], set out as an Effective Date of 2013 Amendment note under section 2701 of this title.]
Authority To Complete Specific Base Closure and Realignment Recommendations
[Pub. L. 112–81, div. B, title XXVII, § 2703], Dec. 31, 2011, [125 Stat. 1681], provided that:“(a)
Limited Authority to Extend Implementation Period.—
The Secretary of Defense shall—
“(1)
complete all closures and realignments recommended in the report of the Base Closure and Realignment Commission transmitted by the President to Congress in accordance with section 2914(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 expeditiously as possible; and
“(2)
complete the closure of the Umatilla Chemical Depot, Oregon, as recommended in the report of the Base Closure and Realignment Commission transmitted by the President to Congress in accordance with section 2914(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)—
“(A)
without regard to any condition contained in that recommendation; and
“(B)
not later than one year after the completion of the chemical demilitarization mission in accordance with the Chemical Weapons Convention Treaty.
“(b)
Implementation.—
Notwithstanding any other provision of law, the Secretary of Defense shall carry out the authority provided under subsection (a), and any related property management and disposal activities, in accordance with the procedures and authorities 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).”
Support for Realignment of Military Installations and Relocation of Military Personnel on Guam
[Pub. L. 114–92, div. B, title XXVIII, § 2822(a)], (b), Nov. 25, 2015, [129 Stat. 1177], 1178, provided that:“(a)
Report Required.—
Not later than the date of the submission of the budget of the President for each of fiscal years 2017 through 2026 under
section 1105 of title 31, United States Code, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that specifies each of the following:
“(1)
The total amount contributed by the Government of Japan during the most recently concluded Japanese fiscal year under
section 2350k of title 10, United States Code, for deposit in the Support for United States Relocation to Guam Account.
“(2)
The anticipated contributions to be made by the Government of Japan under such section during the current and next Japanese fiscal years.
“(3)
The projects carried out on Guam or the Commonwealth of the Northern Mariana Islands during the previous fiscal year using amounts in the Support for United States Relocation to Guam Account.
“(4)
The anticipated projects that will be carried out on Guam or the Commonwealth of the Northern Mariana Islands during the fiscal year covered by the budget submission using amounts in such Account.
“(b)
Form of Report.—
Each report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex as necessary.”
[Pub. L. 113–291, div. B, title XXVIII, § 2821], Dec. 19, 2014, [128 Stat. 3701], provided that:“(a)
Limitation Based on Cost Estimates.—
“(1)
Limitation amount.—
Pursuant to the Supplemental Environmental Impact Statement for the ‘Guam and Commonwealth of the Northern Mariana Islands Military Relocation (2012 Roadmap Adjustments)’, the total amount obligated or expended from funds appropriated or otherwise made available for military construction for implementation of the Record of Decision for the relocation of Marine Corps forces to Guam associated with such Supplemental Environmental Impact Statement may not exceed $8,725,000,000, subject to such adjustment as may be made under paragraph (2).
“(2)
Adjustment of limitation amount.—
The Secretary of the Navy may adjust the amount specified in paragraph (1) by the following:
“(A)
The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2014.
“(B)
The amounts of increases or decreases in costs attributable to compliance with changes in Federal, Guam or Commonwealth of the Northern Mariana Islands, or local laws enacted after September 30, 2014.
“(3)
Written notice of adjustment.—
At the same time that the budget for a fiscal year is submitted to Congress under
section 1105(a) of title 31, United States Code, the Secretary of the Navy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] written notice of any adjustment to the amount specified in paragraph (1) made by the Secretary during the preceding fiscal year pursuant to the authority provided by paragraph (2).
“(b)
Restriction on Development of Public Infrastructure.—
“(1)
Restriction.—
If the Secretary of Defense determines that any grant, cooperative agreement, transfer of funds to another Federal agency, or supplement of funds available under Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, replacement, renovation, conversion, improvement, expansion, acquisition, or construction) of public infrastructure on Guam, the Secretary of Defense may not carry out such grant, transfer, cooperative agreement, or supplemental funding unless such grant, transfer, cooperative agreement, or supplemental funding—
“(A)
is specifically authorized by law; and
“(B)
will be used to carry out a public infrastructure project included in the report prepared by the Secretary of Defense under section 2822(d)(2) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of [Public Law 113–66]; [127 Stat. 1017]), as in effect on the day before the date of the enactment of this Act [Dec. 19, 2014].
“(2)
Public infrastructure defined.—
Required Consultation With State and Local Entities on Issues Related to Increase in Number of Military Personnel at Military Installations
[Pub. L. 109–163, div. B, title XXVIII, § 2835], Jan. 6, 2006, [119 Stat. 3521], provided that: “If the base closure and realignment decisions of the 2005 round of base closures and realignments under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of [Public Law 101–510]; 10 U.S.C. 2687 note) or the Integrated Global Presence and Basing Strategy would result in an increase in the number of members of the Armed Forces assigned to a military installation, the Secretary of Defense, during the development of the plans to implement the decisions or strategy with respect to that installation, shall consult with appropriate State and local entities to ensure that matters affecting the local community, including requirements for transportation, utility infrastructure, housing, education, and family support activities, are considered.”
Consideration of Surge Requirements in 2005 Round of Base Realignments and Closures
[Pub. L. 108–136, div. B, title XXVIII, § 2822], Nov. 24, 2003, [117 Stat. 1726], directed the Secretary of Defense to assess the probable threats to national security and, as part of such assessment, determine the surge requirements to meet those threats, and to use such surge requirements determination in the base realignment and closure process under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of [Public Law 101–510], set out below).
Report on Closure and Realignment of Military Installations
[Pub. L. 105–85, div. B, title XXVIII, § 2824], Nov. 18, 1997, [111 Stat. 1998], as amended by [Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(9), (f)(8)]], Oct. 21, 1998, [112 Stat. 2681–337], 2681–420, 2681–430, required the Secretary of Defense to prepare and submit to the Committees on Armed Services and Appropriations of Senate and House of Representatives, not later than the date on which the President submitted to Congress the budget for fiscal year 2000, a report on the costs and savings attributable to the rounds of base closures and realignments conducted under the base closure laws and on the need, if any, for additional rounds of base closures and realignments.
Retention of Civilian Employee Positions at Military Training Bases Transferred to National Guard
[Pub. L. 104–201, div. A, title XVI, § 1602], Sept. 23, 1996, [110 Stat. 2734], directed the Secretary of Defense to retain civilian employee positions at each military training installation that 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], set out below), is scheduled for transfer to National Guard operation and control, and will continue to be used to provide training support to active and reserve components of the Armed Forces.
Use of Funds To Improve Leased Property
[Pub. L. 104–106, div. B, title XXVIII, § 2837(b)], Feb. 10, 1996, [110 Stat. 561], authorized any department or agency of the Federal Government that enters into a lease of property under section 2905(b)(4)(E) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of [Public Law 101–510], set out below), to 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]
[Pub. L. 104–106, div. B, title XXVIII, § 2840(c)], Feb. 10, 1996, [110 Stat. 566], provided that not later than nine months after Feb. 10, 1996, the Secretary of Defense was to prescribe any regulations necessary to carry out section 204(e) of the Defense Authorization Amendments and Base Closure and Realignment Act ([Pub. L. 100–526]) and section 2905(f) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of [Pub. L. 101–510]), set out in notes below.
Prohibition on Obligation of Funds for Projects on Installations Cited for Realignment
[Pub. L. 104–6, title I, § 112], Apr. 10, 1995, [109 Stat. 82], prohibited the use of Department of Defense funds designated for military construction or family housing to initiate construction projects after Apr. 10, 1995, on an installation that was included in the closure and realignment recommendations submitted either to the the Base Closure and Realignment Commission on Feb. 28, 1995, or to Congress in 1995 in accordance with 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).
Applicability to Installations Approved for Closure Before Enactment of [Pub. L. 103–421]
[Pub. L. 103–421, § 2(e)], Oct. 25, 1994, [108 Stat. 4352], as amended by [Pub. L. 104–106, div. A, title XV, § 1505(f)], Feb. 10, 1996, [110 Stat. 515]; [Pub. L. 107–107, div. A, title X, § 1048(d)(5)], Dec. 28, 2001, [115 Stat. 1227], set out provisions related to the use of buildings and property at military installations approved for closure under the 1988 or 1990 base closure Act for the assistance of the homeless.
Preference for Local Residents
[Pub. L. 103–337, div. A, title VIII, § 817], Oct. 5, 1994, [108 Stat. 2820], authorized the Secretary of Defense, effective until Sept. 30, 1997, to give preference to entities that plan to hire local residents in awarding contracts for services to be performed at a military installation that is affected by closure or realignment under a base closure law.
Government Rental of Facilities Located on Closed Military Installations
[Pub. L. 103–337, div. B, title XXVIII, § 2814], Oct. 5, 1994, [108 Stat. 3056], as amended by [Pub. L. 107–314, div. A, title X, § 1062](l), Dec. 2, 2002, [116 Stat. 2652]; [Pub. L. 109–163, div. A, title X, § 1056(a)(3)], Jan. 6, 2006, [119 Stat. 3439], provided that:“(a)
Authorization To Rent Base Closure Properties.—
To promote the rapid conversion of military installations that are closed pursuant to a base closure law, the Administrator of the General Services may give priority consideration, when leasing space in accordance with chapter 5 or 33 of title 40, United States Code, to facilities of such an installation that have been acquired by a non-Federal entity.
“(b)
Base Closure Law Defined.—
In this section, the term ‘base closure law’ has the meaning given such term in
section 101(a)(17) of title 10, United States Code.”
Report of Effect of Base Closures on Future Mobilization Options
[Pub. L. 103–337, div. B, title XXVIII, § 2815], Oct. 5, 1994, [108 Stat. 3056], required the Secretary of Defense to prepare and submit to the congressional defense committees, not later than Jan. 31, 1996, a report evaluating the effect of base closures and realignments conducted since Jan. 1, 1987, on the ability of the Armed Forces to remobilize to the end strength levels authorized for fiscal year 1987 by sections 401, 403, 411, and 421 of the National Defense Authorization Act for Fiscal Year 1987 ([Pub. L. 99–661]; [100 Stat. 3859]).
Congressional Findings With Respect to Base Closure Community Assistance
[Pub. L. 103–160, div. B, title XXIX, § 2901], Nov. 30, 1993, [107 Stat. 1909], set out congressional findings related to assistance for local communities in light of the closure and realignment of military installations.
Consideration of Economic Needs and Cooperation With State and Local Authorities in Disposing of Property
[Pub. L. 103–160, div. B, title XXIX, § 2903(c)], (d), Nov. 30, 1993, [107 Stat. 1915], directed the Secretary of Defense to consider, in disposing of property as part of the closure of a military installation under a base closure law, the local and regional economic development priorities and to cooperate with the State in which the military installation is located, with the redevelopment authority with respect to the installation, and with local government and other interested persons located near 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, § 2908(c)], Nov. 30, 1993, [107 Stat. 1924], directed the Secretary of Defense to prescribe, in consultation with the Administrator of the Environmental Protection Agency, regulations necessary to carry out section 204(d) of the Defense Authorization Amendments and Base Closure and Realignment Act (title II of [Public Law 100–526], set out below) and section 2905(e) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of [Public Law 101–510], set out below) not later than nine months after Nov. 30, 1993.
Compliance With Certain Environmental Requirements
[Pub. L. 103–160, div. B, title XXIX, § 2911], Nov. 30, 1993, [107 Stat. 1924], directed the Secretary of Defense to complete any environmental impact anaylses required under a base closure law or pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a redevelopment plan for any military installation approved for closure under such base closure law not later than 12 months after the submittal of the redevelopment plan.
Preference for Local and Small Businesses in Contracting
[Pub. L. 103–160, div. B, title XXIX, § 2912], Nov. 30, 1993, [107 Stat. 1925], as amended by [Pub. L. 103–337, div. A, title X, § 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)).
Transition Coordinators for Assistance to Communities Affected by Closure of Installations
[Pub. L. 103–160, div. B, title XXIX, § 2915], Nov. 30, 1993, [107 Stat. 1926], as amended by [Pub. L. 107–107, div. A, title X, § 1048(d)(4)], Dec. 28, 2001, [115 Stat. 1227], directed the Secretary of Defense to designate, not later than 15 days after the date of approval of closure of a military installation to be closed under a base closure law, a transition coordinator for such installation, and set out the responsibilities of the transition coordinator with respect to the closing installation.
Definitions for Subtitle A of Title XXIX of Pub. L. 103–160
[Pub. L. 103–160, div. B, title XXIX, § 2918(a)], Nov. 30, 1993, [107 Stat. 1927], provided that: “In this subtitle [subtitle A (§§ 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, § 2922], Nov. 30, 1993, [107 Stat. 1930], as amended by [Pub. L. 104–106, div. A, title XV, § 1502(c)(1)], Feb. 10, 1996, [110 Stat. 506]; [Pub. L. 106–65, div. A, title X, § 1067(7)], Oct. 5, 1999, [113 Stat. 774], prohibited the expenditure of funds from the Defense Base Closure Account 1990 for military construction in support of the transfer of a function from a military installation recommended for closure or realignment to another installation unless that other istallation is identified in the documents submitted to the Defense Base Closure and Realignment Commission in support of such closure or realignment.
Sense of Congress on Development of Base Closure Criteria
[Pub. L. 103–160, div. B, title XXIX, § 2925], Nov. 30, 1993, [107 Stat. 1932], as amended by [Pub. L. 104–106, div. A, title XV, § 1502(c)(1)], Feb. 10, 1996, [110 Stat. 506], set out the sense of Congress that the Secretary of Defense include the direct costs of defense base closures and realignments to other Federal departments and agencies in developing amended criteria in accordance with section 2903(b)(2)(B) of the Defense Base Closure and Realignment Act of 1990 ([Public Law 101–510], set out below) and directed the Secretary to submit to Congress a report on any amended criteria developed after Nov. 30, 1993.
Military Base Closure Report
[Pub. L. 102–581, title I, § 107(d)], Oct. 31, 1992, [106 Stat. 4879], provided that within 30 days after the date on which the Secretary of Defense recommended a list of military bases for closure or realignment pursuant to section 2903(c) of the Defense Base Closure and Realignment Act of 1990 ([Pub. L. 101–510], set out below), the Administrator of the Federal Aviation Administration was to submit to Congress and the Defense Base Closure and Realignment Commission a report on the effects of all those recommendations involving military airbases, including the effect on civilian airports and airways in the local community and region; potential modifications and costs necessary to convert such bases to civilian aviation use; and in the case of air traffic control or radar coverage currently provided by the Department of Defense, potential installations or adjustments of equipment and costs necessary for the Federal Aviation Administration to maintain existing levels of service for the local community and region.
Indemnification of Transferees of Closing Defense Property
[Pub. L. 102–484, div. A, title III, § 330], Oct. 23, 1992, [106 Stat. 2371], as amended by [Pub. L. 103–160, div. A, title X, § 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) [now 2687(g)(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).
“(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, § 2822], Oct. 23, 1992, [106 Stat. 2608], provided that, subject to the availability of appropriations therefor, the Secretary of Defense was to enter into a one-year contract, not later than 30 days after Oct. 23, 1992, with a private relocation contractor operating on a nationwide basis to test the cost-effectiveness of using national relocation contractors to administer the Homeowners Assistance Program and that, not later than one year after the date on which the Secretary of Defense entered into the contract, the Comptroller General was to submit to Congress a report containing the Comptroller General’s evaluation of the effectiveness of using the national contractor for administering the program.
Environmental Restoration Requirements at Military Installations To Be Closed
[Pub. L. 102–190, div. A, title III, § 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, § 328], Sept. 23, 1996, [110 Stat. 2483].
Withholding Information From Congress or Comptroller General
[Pub. L. 102–190, div. B, title XXVIII, § 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, § 2822], Dec. 5, 1991, [105 Stat. 1546], as amended by [Pub. L. 102–484, div. B, title XXVIII, § 2825], Oct. 23, 1992, [106 Stat. 2609], directed the Secretary of Defense to ensure that the amounts of authorizations requested for military construction related to the closure or realignment of military installations in fiscal years 1992 through 1999 do not exceed the estimates of the costs of such construction provided to the Defense Base Closure and Realignment Commission, unless the Secretary submits to Congress an explanation for any request for an authorization that exceeds the cost estimate.
Disposition of Facilities of Depository Institutions on Military Installations To Be Closed
[Pub. L. 102–190, div. B, title XXVIII, § 2825], Dec. 5, 1991, [105 Stat. 1549], as amended by [Pub. L. 103–160, div. B, title XXIX, § 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).
“(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, § 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, § 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, § 8131], Nov. 26, 1991, [105 Stat. 1208], set out the sense of the Congress that in acting on the Joint Resolution of Disapproval of the 1991 Base Closure Commission’s recommendation, it took no position on whether there had been compliance by the 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), and that the vote on the resolution should not be interpreted to imply Congressional approval of all actions taken by the Commission and the Department of Defense in fulfillment of their responsibilities and duties under the Defense Base Closure and Realignment Act of 1990, but only the approval of the recommendations issued by the Commission.
Requirements for Base Closure and Realignment Plans
[Pub. L. 103–335, title VIII, § 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, § 8045], Nov. 11, 1993, [107 Stat. 1450].
[Pub. L. 102–396, title IX, § 9060], Oct. 6, 1992, [106 Stat. 1915].
[Pub. L. 102–172, title VIII, § 8063], Nov. 26, 1991, [105 Stat. 1185].
[Pub. L. 101–511, title VIII, § 8081], Nov. 5, 1990, [104 Stat. 1894].
Defense Base Closure and Realignment Commission
[Pub. L. 101–510, div. B, title XXIX], part A, Nov. 5, 1990, [104 Stat. 1808], as amended by [Pub. L. 102–190, div. A, title III, § 344(b)(1)], div. B, title XXVIII, §§ 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, § 1054(b)], div. B, title XXVIII, §§ 2821(b), 2823, Oct. 23, 1992, [106 Stat. 2502], 2607, 2608; [Pub. L. 103–160, div. B, title XXIX], §§ 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, § 1070(b)(15)], (d)(2), div. B, title XXVIII, §§ 2811, 2812(b), 2813(c)(2), (d)(2), (e)(2), Oct. 5, 1994, [108 Stat. 2857], 2858, 3053–3056; [Pub. L. 103–421, § 2(a)]–(c), (f)(2), Oct. 25, 1994, [108 Stat. 4346–4352], 4354; [Pub. L. 104–106, div. A, title XV], §§ 1502(d), 1504(a)(9), 1505(e)(1), div. B, title XXVIII, §§ 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], §§ 2812(b), 2813(b), Sept. 23, 1996, [110 Stat. 2789]; [Pub. L. 105–85, div. A, title X, § 1073(d)(4)(B)], div. B, title XXVIII, § 2821(b), Nov. 18, 1997, [111 Stat. 1905], 1997; [Pub. L. 106–65, div. A, title X, § 1067(10)], div. B, title XVIII, §§ 2821(a), 2822, Oct. 5, 1999, [113 Stat. 774], 853, 856; [Pub. L. 106–398, § 1 [[div. A]], title X, § 1087(g)(2), div. B, title XXVIII, § 2821(a)], Oct. 30, 2000, [114 Stat. 1654], 1654A–293, 1654A–419; [Pub. L. 107–107, div. A, title X, § 1048(d)(2)], div. B, title XXVIII, § 2821(b), title XXX, §§ 3001–3007, Dec. 28, 2001, [115 Stat. 1227], 1312, 1342–1351; [Pub. L. 107–314, div. A, title X, § 1062(f)(4)], (m)(1)–(3), div. B, title XXVIII, §§ 2814(b), 2854, Dec. 2, 2002, [116 Stat. 2651], 2652, 2710, 2728; [Pub. L. 108–136, div. A, title VI, § 655(b)], div. B, title XXVIII, §§ 2805(d)(2), 2821, Nov. 24, 2003, [117 Stat. 1523], 1721, 1726; [Pub. L. 108–375, div. A, title X, § 1084(i)], div. B, title XXVIII, §§ 2831–2834, Oct. 28, 2004, [118 Stat. 2064], 2132–2134; [Pub. L. 109–163, div. B, title XXVIII, § 2831], Jan. 6, 2006, [119 Stat. 3518]; [Pub. L. 110–181, div. B, title XXVII, § 2704(a)], Jan. 28, 2008, [122 Stat. 532]; [Pub. L. 110–417, div. B, title XXVII], §§ 2711, 2712(a)(1)(A), (b), Oct. 14, 2008, [122 Stat. 4715], 4716; [Pub. L. 111–84, div. B, title XXVII, § 2715(a)], Oct. 28, 2009, [123 Stat. 2658]; [Pub. L. 112–239, div. B, title XXVII, § 2711(a)], (c)(2), (3)(A), Jan. 2, 2013, [126 Stat. 2140], 2143; [Pub. L. 113–291, div. B, title XXVII, § 2721], Dec. 19, 2014, [128 Stat. 3693]; [Pub. L. 117–263, div. B, title XXVII, § 2702(a)], Dec. 23, 2022, [136 Stat. 2990], provided that:“SEC. 2901.
SHORT TITLE AND PURPOSE
“(a)
Short Title.—
This part may be cited as the ‘Defense Base Closure and Realignment Act of 1990’.
“(b)
Purpose.—
The purpose of this part is to provide a fair process that will result in the timely closure and realignment of military installations inside the United States.
“SEC. 2902.
THE COMMISSION
“(a)
Establishment.—
There is established an independent commission to be known as the ‘Defense Base Closure and Realignment Commission’.
“(b)
Duties.—
The Commission shall carry out the duties specified for it in this part.
“(c)
Appointment.—
(1)
(A)
The Commission shall be composed of eight members appointed by the President, by and with the advise [advice] and consent of the Senate.
“(B)
The President shall transmit to the Senate the nominations for appointment to the Commission—
“(i)
by no later than January 3, 1991, in the case of members of the Commission whose terms will expire at the end of the first session of the 102nd Congress;
“(ii)
by no later than January 25, 1993, in the case of members of the Commission whose terms will expire at the end of the first session of the 103rd Congress; and
“(iii)
by no later than January 3, 1995, in the case of members of the Commission whose terms will expire at the end of the first session of the 104th Congress.
“(C)
If the President does not transmit to Congress the nominations for appointment to the Commission on or before the date specified for 1993 in clause (ii) of subparagraph (B) or for 1995 in clause (iii) of such subparagraph, the process by which military installations may be selected for closure or realignment under this part with respect to that year shall be terminated.
“(2)
In selecting individuals for nominations for appointments to the Commission, the President should consult with—
“(A)
the Speaker of the House of Representatives concerning the appointment of two members;
“(B)
the majority leader of the Senate concerning the appointment of two members;
“(C)
the minority leader of the House of Representatives concerning the appointment of one member; and
“(D)
the minority leader of the Senate concerning the appointment of one member.
“(3)
At the time the President nominates individuals for appointment to the Commission for each session of Congress referred to in paragraph (1)(B), the President shall designate one such individual who shall serve as Chairman of the Commission.
“(d)
Terms.—
(1)
Except as provided in paragraph (2), each member of the Commission shall serve until the adjournment of Congress sine die for the session during which the member was appointed to the Commission.
“(2)
The Chairman of the Commission shall serve until the confirmation of a successor.
“(e)
Meetings.—
(1)
The Commission shall meet only during calendar years 1991, 1993, and 1995.
“(2)
(A)
Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public.
“(B)
All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the following:
“(i)
The Chairman and the ranking minority party member of the Subcommittee on Readiness and Management Support of the Committee on Armed Services of the Senate, or such other members of the Subcommittee designated by such Chairman or ranking minority party member.
“(ii)
The Chairman and the ranking minority party member of the Subcommittee on Readiness of the Committee on Armed Services of the House of Representatives, or such other members of the Subcommittee designated by such Chairman or ranking minority party member.
“(iii)
The Chairmen and ranking minority party members of the Subcommittees on Military Construction of the Committees on Appropriations of the Senate and of the House of Representatives, or such other members of the Subcommittees designated by such Chairmen or ranking minority party members.
“(f)
Vacancies.—
A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed.
“(g)
Pay and Travel Expenses.—
(1)
(A)
Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission.
“(B)
The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
“(2)
Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.
“(h)
Director of Staff.—
(1)
The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a Director who has not served on active duty in the Armed Forces or as a civilian employee of the Department of Defense during the one-year period preceding the date of such appointment.
“(2)
The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
“(i)
Staff.—
(1)
Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel.
“(2)
The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule.
“(3)
(A)
Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from the Department of Defense.
“(B)
(i)
Not more than one-fifth of the professional analysts of the Commission staff may be persons detailed from the Department of Defense to the Commission.
“(ii)
No person detailed from the Department of Defense to the Commission may be assigned as the lead professional analyst with respect to a military department or defense agency.
“(C)
A person may not be detailed from the Department of Defense to the Commission if, within 12 months before the detail is to begin, that person participated personally and substantially in any matter within the Department of Defense concerning the preparation of recommendations for closures or realignment
Closure of Foreign Military Installations
[Pub. L. 108–287, title VIII, § 8018], Aug. 5, 2004, [118 Stat. 974], provided that: “Notwithstanding any other provision of law, during the current fiscal year and hereafter, the Secretary of Defense may, by executive agreement, establish with host nation governments in NATO member states a separate account into which such residual value amounts negotiated in the return of United States military installations in NATO member states may be deposited, in the currency of the host nation, in lieu of direct monetary transfers to the United States Treasury: Provided, That such credits may be utilized only for the construction of facilities to support United States military forces in that host nation, or such real property maintenance and base operating costs that are currently executed through monetary transfers to such host nations: Provided further, That the Department of Defense’s budget submission for subsequent fiscal years shall identify such sums anticipated in residual value settlements, and identify such construction, real property maintenance or base operating costs that shall be funded by the host nation through such credits: Provided further, That all military construction projects to be executed from such accounts must be previously approved in a prior Act of Congress: Provided further, That each such executive agreement with a NATO member host nation shall be reported to the congressional defense committees [Committees on Armed Services of the Senate and House of Representatives and Subcommittees on Defense of the Committees on Appropriations of the Senate and House of Representatives], the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate 30 days prior to the conclusion and endorsement of any such agreement established under this provision.”
Similar provisions for specified fiscal years were contained in the following appropriation acts:
[Pub. L. 108–87, title VIII, § 8018], Sept. 30, 2003, [117 Stat. 1075].
[Pub. L. 107–248, title VIII, § 8018], Oct. 23, 2002, [116 Stat. 1540].
[Pub. L. 107–117, div. A, title VIII, § 8019], Jan. 10, 2002, [115 Stat. 2251].
[Pub. L. 106–259, title VIII, § 8019], Aug. 9, 2000, [114 Stat. 678].
[Pub. L. 106–79, title VIII, § 8019], Oct. 25, 1999, [113 Stat. 1235].
[Pub. L. 105–262, title VIII, § 8019], Oct. 17, 1998, [112 Stat. 2301].
[Pub. L. 105–56, title VIII, § 8019], Oct. 8, 1997, [111 Stat. 1224].
[Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8020]], Sept. 30, 1996, [110 Stat. 3009–71], 3009–92.
[Pub. L. 104–61, title VIII, § 8027], Dec. 1, 1995, [109 Stat. 657].
[Pub. L. 103–335, title VIII, § 8033], Sept. 30, 1994, [108 Stat. 2625].
[Pub. L. 103–139, title VIII, § 8036], Nov. 11, 1993, [107 Stat. 1448].
[Pub. L. 102–396, title IX, § 9047A], Oct. 6, 1992, [106 Stat. 1913], as amended by [Pub. L. 104–106, div. A, title XV, § 1502(f)(2)], Feb. 10, 1996, [110 Stat. 509].
[Pub. L. 101–510, div. B, title XXIX, § 2921], Nov. 5, 1990, [104 Stat. 1819], as amended by [Pub. L. 102–190, div. A, title III, § 344(b)(2)], Dec. 5, 1991, [105 Stat. 1345]; [Pub. L. 102–484, div. B, title XXVIII], §§ 2821(c), 2827, Oct. 23, 1992, [106 Stat. 2608], 2609; [Pub. L. 103–160, div. B, title XXIX, § 2924(b)], Nov. 30, 1993, [107 Stat. 1931]; [Pub. L. 103–337, div. A, title XIII, § 1305(c)], div. B, title XXVIII, § 2817, Oct. 5, 1994, [108 Stat. 2891], 3057; [Pub. L. 104–106, div. A, title X, § 1063(b)], title XV, §§ 1502(c)(4)(D), 1505(e)(2), Feb. 10, 1996, [110 Stat. 444], 508, 515; [Pub. L. 105–85, div. A, title X, § 1073(d)(4)(C)], Nov. 18, 1997, [111 Stat. 1905]; [Pub. L. 106–65, div. A, title X, § 1067(10)], Oct. 5, 1999, [113 Stat. 774]; [Pub. L. 108–136, div. A, title X, § 1031(b)], Nov. 24, 2003, [117 Stat. 1603]; [Pub. L. 113–66, div. B, title XXVIII, § 2807(b)(1)], Dec. 26, 2013, [127 Stat. 1011], set forth the sense of Congress that military operations at military installations outside the United States be terminated at the earliest opportunity and that the Secretary of Defense should take steps to ensure that the United States receives fair market value consideration for the improvements made by the United States at facilities that will be released to host countries.
Task Force Report
[Pub. L. 102–380, § 125], Oct. 5, 1992, [106 Stat. 1372], reconvened 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]; formerly set out below) and directed the task force, until all military base closure and realignment activities were completed, to monitor the progress of relevant Federal and State agencies in implementing the recommendations of the task force contained in the report submitted under such section and to annually submit to Congress a report containing recommendations concerning ways to expedite and improve environmental response actions at military installations and a summary of the progress made by relevant Federal and State agencies in implementing the recommendations of the task force.
[Pub. L. 101–510, div. B, title XXIX, § 2923(c)], Nov. 5, 1990, [104 Stat. 1821], established an environmental response task force and directed the Secretary of Defense to submit to Congress, not later than 12 months after Nov. 5, 1990, a report containing the findings and recommendations of the task force concerning ways to improve interagency coordination and streamline procedures with respect to environmental response actions at closed or realigned military installations.
Community Preference Consideration in Closure and Realignment of Military Installations
[Pub. L. 101–510, div. B, title XXIX, § 2924], Nov. 5, 1990, [104 Stat. 1822], 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
[Pub. L. 101–510, div. B, title XXIX, § 2926], Nov. 5, 1990, [104 Stat. 1822], as amended by [Pub. L. 103–160, div. A, title IX, § 904(f)], Nov. 30, 1993, [107 Stat. 1729]; [Pub. L. 106–65, div. A, title IX, § 911(a)(1)], Oct. 5, 1999, [113 Stat. 717]; [Pub. L. 107–314, div. A, title X, § 1062(m)(4)], Dec. 2, 2002, [116 Stat. 2652], provided for a model program for base closure environmental restoration, prior to repeal by [Pub. L. 108–136, div. A, title III, § 316], Nov. 24, 2003, [117 Stat. 1432].
Consideration of Department of Defense Housing for Coast Guard
[Pub. L. 101–225, title II, § 216], Dec. 12, 1989, [103 Stat. 1915], deemed the Coast Guard to be an instrumentality within the Department of Defense for certain purposes related to housing under [section 204(b) of Pub. L. 100–526] (set out below).
Five-Year Plan for Environmental Restoration at Bases To Be Closed
[Pub. L. 101–189, div. A, title III, § 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, § 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, § 2832], Nov. 29, 1989, [103 Stat. 1660], set forth the sense of Congress that certain real property of the Department of Defense rendered excess or surplus as a result of the recommendations of the Commission on Base Realignment and Closure be made 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, § 2833], Nov. 29, 1989, [103 Stat. 1661], directed the Secretary of Defense to identify each local educational agency that will experience a significant increase or decrease in the number of children in its jurisdiction during the next academic year as a result of the closure or realignment of a military installation under the Defense Authorization Amendments and Base Closure and Realignment Act ([Public Law 100–526]; [102 Stat. 2627]; set out below) by not later than January 1 of that year and to provide notice to that local educational agency and to the relevent State government education agency of such identification.
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, § 2923(b)(1)], Nov. 5, 1990, [104 Stat. 1821]; [Pub. L. 102–190, div. A, title III, § 344(a)], Dec. 5, 1991, [105 Stat. 1344]; [Pub. L. 102–484, div. B, title XXVIII, § 2821(a)], Oct. 23, 1992, [106 Stat. 2606]; [Pub. L. 103–160, div. B, title XXIX], §§ 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, § 1070(b)(13)], div. B, title XXVIII, §§ 2812(a), 2813(a)–(c)(1), (d)(1), (e)(1), Oct. 5, 1994, [108 Stat. 2857], 3054, 3055; [Pub. L. 103–421, § 2(f)(1)], Oct. 25, 1994, [108 Stat. 4354]; [Pub. L. 104–106, div. A, title XV], §§ 1504(a)(9), 1505(e)(3), div. B, title XXVIII, §§ 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], §§ 2811, 2812(a), 2813(a), Sept. 23, 1996, [110 Stat. 2788], 2789; [Pub. L. 105–85, div. A, title X, § 1073(d)(6)], div. B, title XXVIII, § 2821(a), Nov. 18, 1997, [111 Stat. 1906], 1996; [Pub. L. 106–65, div. B, title XXVIII, § 2821(b)], Oct. 5, 1999, [113 Stat. 855]; [Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2821(b)]], Oct. 30, 2000, [114 Stat. 1654], 1654A–419; [Pub. L. 107–107, div. A, title X, § 1048(d)(3)], div. B, title XXVIII, § 2821(a), Dec. 28, 2001, [115 Stat. 1227], 1311; [Pub. L. 107–314, div. A, title X, § 1062(n)], div. B, title XXVIII, § 2814(a), Dec. 2, 2002, [116 Stat. 2652], 2710; [Pub. L. 108–136, div. A, title VI, § 655(a)], div. B, title XXVIII, § 2805(d)(1), Nov. 24, 2003, [117 Stat. 1523], 1721; [Pub. L. 112–239, div. B, title XXVII, § 2711(c)(1)], (3)(B), Jan. 2, 2013, [126 Stat. 2143], provided that:“SEC. 201.
CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
“The Secretary shall—
“(1)
close all military installations recommended for closure by the Commission on Base Realignment and Closure in the report transmitted to the Secretary pursuant to the charter establishing such Commission;
“(2)
realign all military installations recommended for realignment by such Commission in such report; and
“(3)
initiate all such closures and realignments no later than September 30, 1991, and complete all such closures and realignments no later than September 30, 1995, except that no such closure or realignment may be initiated before January 1, 1990.
“SEC. 202.
CONDITIONS
“(a)
In General.—
The Secretary may not carry out any closure or realignment of a military installation under this title unless—
“(1)
no later than January 16, 1989, the Secretary transmits to the Committees on Armed Services of the Senate and the House of Representatives a report containing a statement that the Secretary has approved, and the Department of Defense will implement, all of the military installation closures and realignments recommended by the Commission in the report referred to in section 201(1);
“(2)
the Commission has recommended, in the report referred to in section 201(1), the closure or realignment, as the case may be, of the installation, and has transmitted to the Committees on Armed Services of the Senate and the House of Representatives a copy of such report and the statement required by section 203(b)(2); and
“(3)
the Secretary of Defense has transmitted to the Commission the study required by section 206(b).
“(b)
Joint Resolution.—
The Secretary may not carry out any closure or realignment under this title if, within the 45-day period beginning on March 1, 1989, a joint resolution is enacted, in accordance with the provisions of section 208, disapproving the recommendations of the Commission. The days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in the computation of such 45-day period.
“(c)
Termination of Authority.—
(1)
Except as provided in paragraph (2), the authority of the Secretary to carry out any closure or realignment under this title shall terminate on October 1, 1995.
“(2)
The termination of authority set forth in paragraph (1) shall not apply to the authority of the Secretary to carry out environmental restoration and waste management at, or disposal of property of, military installations closed or realigned under this title.
“SEC. 203.
THE COMMISSION
“(a)
Membership.—
The Commission shall consist of 12 members appointed by the Secretary of Defense.
“(b)
Duties.—
The Commission shall—
“(1)
transmit the report referred to in section 201(1) to the Secretary no later than December 31, 1988, and shall include in such report a description of the Commission’s recommendations of the military installations to which functions will be transferred as a result of the closures and realignments recommended by the Commission; and
“(2)
on the same date on which the Commission transmits such report to the Secretary, transmit to Committees on Armed Services of the Senate and the House of Representatives—
“(A)
a copy of such report; and
“(B)
a statement certifying that the Commission has identified the military installations to be closed or realigned by reviewing all military installations inside the United States, including all military installations under construction and all those planned for construction.
“(c)
Staff.—
Not more than one-half of the professional staff of the Commission shall be individuals who have been employed by the Department of Defense during calendar year 1988 in any capacity other than as an employee of the Commission.
“SEC. 204.
IMPLEMENTATION
“(a)
In General.—
In closing or realigning a military installation under this title, the Secretary—
“(1)
subject to the availability of funds authorized for and appropriated to the Department of Defense for use in planning and design, minor construction, or operation and maintenance and the availability of funds in the Account, may carry out actions necessary to implement such closure or realignment, including the acquisition of such land, the construction of such replacement facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from such military installation to another military installation;
“(2)
subject to the availability of funds authorized for and appropriated to the Department of Defense for economic adjustment assistance or community planning assistance and the availability of funds in the Account, shall provide—
“(A)
economic adjustment assistance to any community located near a military installation being closed or realigned; and
“(B)
community planning assistance to any community located near a military installation to which functions will be transferred as a result of such closure or realignment,
if the Secretary determines that the financial resources available to the community (by grant or otherwise) for such purposes are inadequate; and
“(3)
subject to the availability of funds authorized for and appropriated to the Department of Defense for environmental restoration and the availability of funds in the Account, may carry out activities for the purpose of environmental restoration, including reducing, removing, and recycling hazardous wastes and removing unsafe buildings and debris.
“(b)
Management and Disposal of Property.—
(1)
The Administrator of General Services shall delegate to the Secretary, with respect to excess and surplus real property, facilities, and personal property located at a military installation closed or realigned under this title—
“(A)
the authority of the Administrator to utilize excess property under subchapter II of chapter 5 of title 40, United States Code;
“(B)
the authority of the Administrator to dispose of surplus property under subchapter III of chapter 5 of title 40, United States Code; and
“(C)
the authority to dispose of surplus property for public airports under sections 47151 through 47153 of title 49, United States Code.
“(2)
(A)
Subject to subparagraph (B), the Secretary shall exercise authority delegated to the Secretary pursuant to paragraph (1) in accordance with—
“(i)
all regulations in effect on the date of the enactment of this title [Oct. 24, 1988] governing utilization of excess property and disposal of surplus property under the Federal Property and Administrative Services Act of 1949 [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of Title 41, Public Contracts]; 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:
“(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.
“(x)
Disposal of hazardous materials generated by demolition.
“(xi)
Landscaping, grading, and other site or public improvements.
“(xii)
Planning for or the marketing of the development and reuse of the installation.
“(D)
The Secretary may recoup from a redevelopment authority such portion of the proceeds from a sale or lease described in subparagraph (B) as the Secretary determines appropriate if the redevelopment authority does not use the proceeds to support economic redevelopment of, or related to, the installation for the period specified in subparagraph (B).
“(E)
(i)
The Secretary may transfer real property at an installation approved for closure or realignment under this title (including property at an installation approved for realignment which will be retained by the Department of Defense or another Federal agency after realignment) to the redevelopment authority for the installation if the redevelopment authority agrees to lease, directly upon transfer, one or more portions of the property transferred under this subparagraph to the Secretary or to the head of another department or agency of the Federal Government. Subparagraph (B) shall apply to a transfer under this subparagraph.
“(ii)
A lease under clause (i) shall be for a term of not to exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned.
“(iii)
A lease under clause (i) may not require rental payments by the United States.
“(iv)
A lease under clause (i) shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may be satisfied by the same or another department or agency of the Federal Government using the property for a use similar to the use under the lease. Exercise of the authority provided by this clause shall be made in consultation with the redevelopment authority concerned.
“(v)
Notwithstanding clause (iii), if a lease under clause (i) involves a substantial portion of the installation, the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authority’s assignee as a provision of the lease. The facility services and common area maintenance shall be provided at a rate no higher than the rate charged to non-Federal tenants of the transferred property. Facility services and common area maintenance covered by the lease shall not include—
“(I)
municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or
“(II)
firefighting or security-guard functions.
“(F)
The transfer of personal property under subparagraph (A) shall not be subject to the provisions of subchapters II and III of chapter 5 of title 40, United States Code, if the Secretary determines that the transfer of such property is necessary for the effective implementation of a redevelopment plan with respect to the installation at which such property is located.
“(G)
The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
42 U.S.C. 9620(h)) shall apply to any transfer of real property under this paragraph.
“(H)
(i)
In the case of an agreement for the transfer of property of a military installation under this paragraph that was entered into before April 21, 1999, the Secretary may modify the agreement, and in so doing compromise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States, if—
“(I)
the Secretary determines that as a result of changed economic circumstances, a modification of the agreement is necessary;
“(II)
the terms of the modification do not require the return of any payments that have been made to the Secretary;
“(III)
the terms of the modification do not compromise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States with respect to in-kind consideration; and
“(IV)
the cash consideration to which the United States is entitled under the modified agreement, when combined with the cash consideration to be received by the United States for the disposal of other real property assets on the installation, are as sufficient as they were under the original agreement to fund the reserve account established under paragraph (7)(C), with the depreciated value of the investment made with commissary store funds or nonappropriated funds in property disposed of pursuant to the agreement being modified, in accordance with [former] section 2906(d) of the Defense Base Closure and Realignment Act of 1990 [
[Pub. L. 101–510],
10 U.S.C. 2687 note].
“(ii)
When exercising the authority granted by clause (i), the Secretary may waive some or all future payments if, and to the extent that, the Secretary determines such waiver is necessary.
“(iii)
With the exception of the requirement that the transfer be without consideration, the requirements of subparagraphs (B), (C), and (D) shall be applicable to any agreement modified pursuant to clause (i).
“(I)
In the case of an agreement for the transfer of property of a military installation under this paragraph that was entered into during the period beginning on April 21, 1999, and ending on the date of enactment of the National Defense Authorization Act for Fiscal Year 2000 [Oct. 5, 1999], at the request of the redevelopment authority concerned, the Secretary shall modify the agreement to conform to all the requirements of subparagraphs (B), (C), and (D). Such a modification may include the compromise, waiver, adjustment, release, or reduction of any right, title, claim, lien, or demand of the United States under the agreement.
“(J)
The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States.
“(5)
(A)
Except as provided in subparagraphs (B) and (C), the Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations under paragraph (1) regarding whether another department or agency of the Federal Government has identified a use for any portion of a military installation to be closed under this title after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994 [Nov. 30, 1993], or will accept transfer of any portion of such installation, are made not later than 6 months after such date of enactment.
“(B)
The Secretary may, in consultation with the redevelopment authority with respect to an installation, postpone making the final determinations referred to in subparagraph (A) with respect to the installation for such period as the Secretary determines appropriate if the Secretary determines that such postponement is in the best interests of the communities affected by the closure of the installation.
“(C)
(i)
Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation closed or realigned or to be closed or realigned under this title as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall obtain the concurrence of the redevelopment authority with respect to the installation and comply with the redevelopment plan for the installation.
“(ii)
Not later than 30 days after acquiring non-Federal real property as the location for a new or replacement Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a report containing the results of the consultation under clause (i) and the reasons why military installations referred to in such clause that are located within the area to be served by the new or replacement Federal facility or within a 200-mile radius of the new or replacement facility, whichever area is greater, were considered to be unsuitable or unavailable for the site of the new or replacement facility.
“(iii)
This subparagraph shall apply during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998 [Nov. 18, 1997] and ending on July 31, 2001.
“(6)
(A)
Except as provided in this paragraph, nothing in this section shall limit or otherwise affect the application of the provisions of the McKinney-Vento Homeless Assistance Act (
42 U.S.C. 11301 et seq.) to military installations closed under this title.
“(B)
(i)
Not later than the date on which the Secretary of Defense completes the determination under paragraph (5) of the transferability of any portion of an installation to be closed under this title, the Secretary shall—
“(I)
complete any determinations or surveys necessary to determine whether any building or property referred to in clause (ii) is excess property, surplus property, or unutilized or underutilized property for the purpose of the information referred to in section 501(a) of such Act (
42 U.S.C. 11411(a)); and
“(II)
submit to the Secretary of Housing and Urban Development information on any building or property that is so determined.
“(ii)
The buildings and property referred to in clause (i) are any buildings or property located at an installation referred to in that clause for which no use is identified, or of which no Federal department or agency will accept transfer, pursuant to the determination of transferability referred to in that clause.
“(C)
Not later than 60 days after the date on which the Secretary of Defense submits information to the Secretary of Housing and Urban Development under subparagraph (B)(ii), the Secretary of Housing and Urban Development shall—
“(i)
identify the buildings and property described in such information that are suitable for use to assist the homeless;
“(ii)
notify the Secretary of Defense of the buildings and property that are so identified;
“(iii)
publish in the Federal Register a list of the buildings and property that are so identified, including with respect to each building or property the information referred to in section 501(c)(1)(B) of such Act [
42 U.S.C. 11411(c)(1)(B)]; and
“(iv)
make available with respect to each building and property the information referred to in section 501(c)(1)(C) of such Act in accordance with such section 501(c)(1)(C).
“(D)
Any buildings and property included in a list published under subparagraph (C)(iii) shall be treated as property available for application for use to assist the homeless under section 501(d) of such Act.
“(E)
The Secretary of Defense shall make available in accordance with section 501(f) of such Act any buildings or property referred to in subparagraph (D) for which—
“(i)
a written notice of an intent to use such buildings or property to assist the homeless is received by the Secretary of Health and Human Services in accordance with section 501(d)(2) of such Act;
“(ii)
an application for use of such buildings or property for such purpose is submitted to the Secretary of Health and Human Services in accordance with section 501(e)(2) of such Act; and
“(iii)
the Secretary of Health and Human Services—
“(I)
completes all actions on the application in accordance with section 501(e)(3) of such Act; and
“(II)
approves the application under section 501(e) of such Act.
“(F)
(i)
Subject to clause (ii), a redevelopment authority may express in writing an interest in using buildings and property referred to in subparagraph (D), and buildings and property referred to in subparagraph (B)(ii) which have not been identified as suitable for use to assist the homeless under subparagraph (C), or use such buildings and property, in accordance with the redevelopment plan with respect to the installation at which such buildings and property are located as follows:
“(I)
If no written notice of an intent to use such buildings or property to assist the homeless is received by the Secretary of Health and Human Services in accordance with section 501(d)(2) of such Act during the 60-day period beginning on the date of the publication of the buildings and property under subparagraph (C)(iii).
“(II)
In the case of buildings and property for which such notice is so received, if no completed application for use of the buildings or property for such purpose is received by the Secretary of Health and Human Services in accordance with section 501(e)(2) of such Act during the 90-day period beginning on the date of the receipt of such notice.
“(III)
In the case of building and property for which such application is so received, if the Secretary of Health and Human Services rejects the application under section 501(e) of such Act.
“(ii)
Buildings and property shall be available only for the purpose of permitting a redevelopment authority to express in writing an interest in the use of such buildings and property, or to use such buildings and property, under clause (i) as follows:
“(I)
In the case of buildings and property referred to in clause (i)(I), during the one-year period beginning on the first day after the 60-day period referred to in that clause.
“(II)
In the case of buildings and property referred to in clause (i)(II), during the one-year period beginning on the first day after the 90-day period referred to in that clause.
“(III)
In the case of buildings and property referred to in clause (i)(III), during the one-year period beginning on the date of the rejection of the application referred to in that clause.
“(iii)
A redevelopment authority shall express an interest in the use of buildings and property under this subparagraph by notifying the Secretary of Defense, in writing, of such an interest.
“(G)
(i)
Buildings and property available for a redevelopment authority under subparagraph (F) shall not be available for use to assist the homeless under section 501 of such Act [
42 U.S.C. 11411] while so available for a redevelopment authority.
“(ii)
If a redevelopment authority does not express an interest in the use of buildings or property, or commence the use of buildings or property, under subparagraph (F) within the applicable time periods specified in clause (ii) of such subparagraph, such buildings or property shall be treated as property available for use to assist the homeless under section 501(a) of such Act.
“(7)
(A)
Except as provided in subparagraph (B) or (C), all proceeds—
“(i)
from any transfer under paragraphs (3) through (6); and
“(ii)
from the transfer or disposal of any other property or facility made as a result of a closure or realignment under this title,
shall be deposited into the Account.
“(B)
In any case in which the General Services Administration is involved in the management or disposal of such property or facility, the Secretary shall reimburse the Administrator of General Services from the proceeds of such disposal, in accordance with
section 1535 of title 31, United States Code, for any expenses incurred in such activities.
“(C)
(i)
If any real property or facility acquired, constructed, or improved (in whole or in part) with commissary store funds or nonappropriated funds is transferred or disposed of in connection with the closure or realignment of a military installation under this title, a portion of the proceeds of the transfer or other disposal of property on that installation shall be deposited in a reserve account established in the Treasury to be administered by the Secretary. Subject to the limitation in clause (iii), amounts in the reserve account are hereby made available to the Secretary, without appropriation and until expended, for the purpose of acquiring, constructing, and improving—
“(I)
commissary stores; and
“(II)
real property and facilities for nonappropriated fund instrumentalities.
“(ii)
The amount deposited under clause (i) shall be equal to the depreciated value of the investment made with such funds in the acquisition, construction, or improvement of that particular real property or facility. The depreciated value of the investment shall be computed in accordance with regulations prescribed by the Secretary of Defense.
“(iii)
The aggregate amount obligated from the reserve account established under clause (i) may not exceed the following:
“(I)
In fiscal year 2004, $31,000,000.
“(II)
In fiscal year 2005, $24,000,000.
“(III)
In fiscal year 2006, $15,000,000.
“(iv)
As used in this subparagraph:
“(I)
The term ‘commissary store funds’ means funds received from the adjustment of, or surcharge on, selling prices at commissary stores fixed under
section 2685 of title 10, United States Code.
“(II)
The term ‘nonappropriated funds’ means funds received from a nonappropriated fund instrumentality.
“(III)
The term ‘nonappropriated fund instrumentality’ means an instrumentality of the United States under the jurisdiction of the Armed Forces (including the Army and Air Force Exchange Service, the Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.
“(8)
(A)
Subject to subparagraph (C), the Secretary may enter into agreements (including contracts, cooperative agreements, or other arrangements for reimbursement) with local governments for the provision of police or security services, fire protection services, airfield operation services, or other community services by such governments at military installations to be closed under this title, or at facilities not yet transferred or otherwise disposed of in the case of installations closed under this title, if the Secretary determines that the provision of such services under such agreements is in the best interests of the Department of Defense.
“(B)
The Secretary may exercise the authority provided under this paragraph without regard to the provisions of chapter 146 of title 10, United States Code.
“(C)
The Secretary may not exercise the authority under subparagraph (A) with respect to an installation earlier than 180 days before the date on which the installation is to be closed.
“(D)
The Secretary shall include in a contract for services entered into with a local government under this paragraph a clause that requires the use of professionals to furnish the services to the extent that professionals are available in the area under the jurisdiction of such government.
“(c)
Applicability of Other Law.—
(1)
The provisions of the National Environmental Policy Act of 1969 (
42 U.S.C. 4321 et seq.) shall not apply to—
“(A)
the actions of the Commission, including selecting the military installations which the Commission recommends for closure or realignment under this title, recommending any military installation to receive functions from an installation to be closed or realigned, and making its report to the Secretary and the committees under section 203(b); and
“(B)
the actions of the Secretary in establishing the Commission, in determining whether to accept the recommendations of the Commission, in selecting any military installation to receive functions from an installation to be closed or realigned, and in transmitting the report to the Committees referred to in section 202(a)(1).
“(2)
The provisions of the National Environmental Policy Act of 1969 shall apply to the actions of the Secretary (A) during the process of the closing or realigning of a military installation after such military installation has been selected for closure or realignment but before the installation is closed or realigned and the functions relocated, and (B) during the process of the relocating of functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated. In applying the provisions of such Act, the Secretary shall not have to consider—
“(i)
the need for closing or realigning a military installation which has been selected for closure or realignment by the Commission;
“(ii)
the need for transferring functions to another military installation which has been selected as the receiving installation; or
“(iii)
alternative military installations to those selected.
“(3)
A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), or with respect to any requirement of the Commission made by this title, of any action or failure to act by the Secretary during the closing, realigning, or relocating referred to in clauses (A) and (B) of paragraph (2), or of any action or failure to act by the Commission under this title, may not be brought later than the 60th day after the date of such action or failure to act.
“(d)
Transfer Authority in Connection With Payment of Environmental Remediation Costs.—
(1)
(A)
Subject to paragraph (2) of this subsection and section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
42 U.S.C. 9620(h)), the Secretary may enter into an agreement to transfer by deed real property or facilities referred to in subparagraph (B) with any person who agrees to perform all environmental restoration, waste management, and environmental compliance activities that are required for the property or facilities under Federal and State laws, administrative decisions, agreements (including schedules and milestones), and concurrences.
“(B)
The real property and facilities referred to in subparagraph (A) are the real property and facilities located at an installation closed or to be closed under this title that are available exclusively for the use, or expression of an interest in a use, of a redevelopment authority under subsection (b)(6)(F) during the period provided for that use, or expression of interest in use, under that subsection.
“(C)
The Secretary may require any additional terms and conditions in connection with an agreement authorized by subparagraph (A) as the Secretary considers appropriate to protect the interests of the United States.
“(2)
A transfer of real property or facilities may be made under paragraph (1) only if the Secretary certifies to Congress that—
“(A)
the costs of all environmental restoration, waste management, and environmental compliance activities to be paid by the recipient of the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the Secretary; or
“(B)
if such costs are lower than the fair market value of the property or facilities, the recipient of the property or facilities agrees to pay the difference between the fair market value and such costs.
“(3)
As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the property or facilities will be transferred any information of the Secretary regarding the environmental restoration, waste management, and environmental compliance activities described in paragraph (1) that relate to the property or facilities. The Secretary shall provide such information before entering into the agreement.
“(4)
Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
42 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (
42 U.S.C. 6901 et seq.).
“(5)
Section 330 of the National Defense Authorization Act for Fiscal Year 1993 (
[Public Law 102–484];
10 U.S.C. 2687 note) shall not apply to any transfer under this subsection to persons or entities described in subsection (a)(2) of such section 330.
“(6)
The Secretary may not enter into an agreement to transfer property or facilities under this subsection after the expiration of the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994 [Nov. 30, 1993].
“[(e)
Repealed. [Pub. L. 108–136, div. B, title XXVIII, § 2805(d)(1)], Nov. 24, 2003, [117 Stat. 1721].]
“(f)
Acquisition of Manufactured Housing.—
(1)
In closing or realigning any military installation under this title, the Secretary may purchase any or all right, title, and interest of a member of the Armed Forces and any spouse of the member in manufactured housing located at a manufactured housing park established at an installation closed or realigned under this title, or make a payment to the member to relocate the manufactured housing to a suitable new site, if the Secretary determines that—
“(A)
it is in the best interests of the Federal Government to eliminate or relocate the manufactured housing park; and
“(B)
the elimination or relocation of the manufactured housing park would result in an unreasonable financial hardship to the owners of the manufactured housing.
“(2)
Any payment made under this subsection shall not exceed 90 percent of the purchase price of the manufactured housing, as paid by the member or any spouse of the member, plus the cost of any permanent improvements subsequently made to the manufactured housing by the member or spouse of the member.
“(3)
The Secretary shall dispose of manufactured housing acquired under this subsection through resale, donation, trade or otherwise within one year of acquisition.
“SEC. 205.
WAIVER
“The Secretary may carry out this title without regard to—
“(1)
any provision of law restricting the use of funds for closing or realigning military installations included in any appropriation or authorization Act; and
“(2)
the procedures set forth in sections 2662 and 2687 of title 10, United States Code.
“SEC. 206.
REPORTS
“(a)
In General.—
As part of each annual budget request for the Department of Defense, the Secretary shall transmit to the appropriate committees of Congress—
“(1)
a schedule of the closure and realignment actions to be carried out under this title in the fiscal year for which the request is made and an estimate of the total expenditures required and cost savings to be achieved by each such closure and realignment and of the time period in which these savings are to be achieved in each case, together with the Secretary’s assessment of the environmental effects of such actions; and
“(2)
a description of the military installations, including those under construction and those planned for construction, to which functions are to be transferred as a result of such closures and realignments, together with the Secretary’s assessment of the environmental effects of such transfers.
“(b)
Study.—
(1)
The Secretary shall conduct a study of the military installations of the United States outside the United States to determine if efficiencies can be realized through closure or realignment of the overseas base structure of the United States. Not later than October 15, 1988, the Secretary shall transmit a report of the findings and conclusions of such study to the Commission and to the Committees on Armed Services of the Senate and the House of Representatives. In developing its recommendations to the Secretary under this title, the Commission shall consider the Secretary’s study.
“(2)
Upon request of the Commission, the Secretary shall provide the Commission with such information about overseas bases as may be helpful to the Commission in its deliberations.
“(3)
The Commission, based on its analysis of military installations in the United States and its review of the Secretary’s study of the overseas base structure, may provide the Secretary with such comments and suggestions as it considers appropriate regarding the Secretary’s study of the overseas base structure.
“[SEC. 207.
Repealed. [Pub. L. 112–239, div. B, title XXVII, § 2711(c)(1)], Jan. 2, 2013, [126 Stat. 2143].]
“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 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).
“(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 amendments by section 2711(c)(1), (3)(B) of [Pub. L. 112–239] to sections 204, 207, and 209 of [Pub. L. 100–526], set out above, see [section 2711(d) of Pub. L. 112–239], set out as an Effective Date of 2013 Amendment note under section 2701 of this title.]
[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.]
[[Pub. L. 101–510, div. B, title XXIX, § 2923(b)(2)], Nov. 5, 1990, [104 Stat. 1821], 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].”]