[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2491 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2491

To amend the Defense Authorization Amendments and Defense Base Closure 
and Realignment Act and the Defense Base Closure and Realignment Act of 
   1990 to improve the base closure process, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 12), 1994

Mrs. Feinstein introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend the Defense Authorization Amendments and Defense Base Closure 
and Realignment Act and the Defense Base Closure and Realignment Act of 
   1990 to improve the base closure process, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Base Closure Community Redevelopment 
Act of 1994''.

SEC. 2. DISPOSAL OF BUILDINGS AND PROPERTY AT MILITARY INSTALLATIONS 
              APPROVED FOR CLOSURE.

    (a) In General.--Section 2905(b) of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following new 
        paragraph (7):
    ``(7)(A) Determinations of the use to assist the homeless of 
buildings and property located at installations approved for closure 
under this part after the date of the enactment of this paragraph shall 
be determined under this paragraph rather than paragraph (6).
    ``(B)(i) Not later than the date on which the Secretary of Defense 
completes the final determination referred to in paragraph (5) relating 
to the use or transferability of any portion of an installation covered 
by this paragraph, the Secretary shall--
            ``(I) identify the buildings and property at the 
        installation for which the Department of Defense has a use, for 
        which another department or agency of the Federal Government 
        has identified a use, or of which another department or agency 
        will accept a transfer;
            ``(II) take such actions as are necessary to identify any 
        building or property at the installation not identified under 
        subclause (I) that is excess property or surplus property;
            ``(III) submit to the Secretary of Housing and Urban 
        Development and to the redevelopment authority for the 
        installation (or the chief executive officer of the State in 
        which the installation is located if there is no redevelopment 
        authority for the installation at the completion of the 
        determination) information on any building or property that is 
        identified under subclause (II); and
            ``(IV) publish in the Federal Register and in a newspaper 
        of general circulation in the communities in the vicinity of 
        the installation information on the buildings and property 
        identified under subclause (II).
    ``(ii) Upon the recognition of a redevelopment authority for an 
installation covered by this paragraph, the Secretary of Defense shall 
publish in the Federal Register and in a newspaper of general 
circulation in the communities in the vicinity of the installation 
information on the redevelopment authority.
    ``(C)(i) State and local governments, representatives of the 
homeless, and other interested parties located in the communities in 
the vicinity of an installation covered by this paragraph shall submit 
to the redevelopment authority for the installation a notice of the 
interest, if any, of such governments, representatives, and parties in 
the buildings or property, or any portion thereof, at the installation 
that are identified under subparagraph (B)(i)(II). A notice of interest 
under this clause shall describe the need of the government, 
representative, or party concerned for the buildings or property 
covered by the notice.
    ``(ii) The redevelopment authority for an installation shall assist 
the governments, representatives, and parties referred to in clause (i) 
in evaluating buildings and property at the installation for purposes 
of this subparagraph.
    ``(iii) In providing assistance under clause (ii), a redevelopment 
authority shall--
            ``(I) consult with representatives of the homeless in the 
        communities in the vicinity of the installation concerned; and
            ``(II) undertake outreach efforts to provide information on 
        the buildings and property to representatives of the homeless, 
        and to other persons or entities interested in assisting the 
        homeless, in such communities.
    ``(iv) It is the sense of Congress that redevelopment authorities 
should begin to conduct outreach efforts under clause (iii)(II) with 
respect to an installation as soon as is practicable after the date of 
approval of closure of the installation.
    ``(D)(i) State and local governments, representatives of the 
homeless, and other interested parties shall submit a notice of 
interest to a redevelopment authority under subparagraph (C) not later 
than the date specified for such notice by the redevelopment authority.
    ``(ii) The date specified under clause (i) shall be--
            ``(I) in the case of an installation for which a 
        redevelopment authority has been established as of the date of 
        the completion of the determinations referred to in paragraph 
        (5), not earlier than 3 months and not later than 6 months 
        after that date; and
            ``(II) in the case of an installation for which a 
        redevelopment authority is not established as of such date, not 
        earlier than 3 months and not later than 6 months after the 
        date of the establishment of a redevelopment authority for the 
        installation.
    ``(iii) Upon specifying a date for an installation under this 
subparagraph, the redevelopment authority for the installation shall--
            ``(I) publish the date specified in a newspaper of general 
        circulation in the communities in the vicinity of the 
        installation concerned; and
            ``(II) notify the Secretary of Defense of the date.
    ``(E)(i) In submitting to a redevelopment authority under 
subparagraph (C) a notice of interest in the use of buildings or 
property at an installation to assist the homeless, a representative of 
the homeless shall submit the following:
            ``(I) A description of the homeless assistance program that 
        the representative proposes to carry out at the installation.
            ``(II) An assessment of the need for the program.
            ``(III) An assessment of the extent to which the program is 
        or will be coordinated with other homeless assistance programs 
        in the communities in the vicinity of the installation.
            ``(IV) A description of the buildings and property at the 
        installation that are necessary in order to carry out the 
        program.
            ``(V) A description of the financial plan and the 
        organizational capacity of the representative to carry out the 
        program.
            ``(VI) An assessment of the time required in order to 
        commence carrying out the program.
    ``(ii) A redevelopment authority may not release to the public any 
information submitted to the redevelopment authority under clause 
(i)(V) without the consent of the representative of the homeless 
concerned unless such release is authorized under Federal law and under 
the law of the State and communities in which the installation 
concerned is located.
    ``(F)(i) The redevelopment authority for each installation covered 
by this paragraph shall prepare a redevelopment plan for the 
installation. The redevelopment authority shall, in preparing the plan, 
consider the interests in the use to assist the homeless of the 
buildings and property at the installation that are expressed in the 
notices submitted to the redevelopment authority under subparagraph 
(C).
    ``(ii)(I) In preparing a redevelopment plan for an installation, a 
redevelopment authority and representatives of the homeless shall 
prepare legally binding agreements that provide for the use to assist 
the homeless of buildings and property, resources, and assistance on or 
off the installation. The implementation of such agreements shall be 
contingent upon the approval of the redevelopment plan by the Secretary 
of Housing and Urban Development under subparagraph (H) or (J).
    ``(II) Agreements under this clause shall provide for the reversion 
to the redevelopment authority concerned, or to such other entity or 
entities as the agreements shall provide, of buildings and property 
that are made available under this paragraph for use to assist the 
homeless in the event that such buildings and property cease being used 
for that purpose.
    ``(iii) A redevelopment authority shall provide opportunity for 
public comment on a redevelopment plan before submission of the plan to 
the Secretary of Defense and the Secretary of Housing and Urban 
Development under subparagraph (G).
    ``(iv) A redevelopment authority shall complete preparation of a 
redevelopment plan for an installation and submit the plan under 
subparagraph (G) not later than 1 year after the date specified by the 
redevelopment authority for the installation under subparagraph (D).
    ``(G)(i) Upon completion of a redevelopment plan under subparagraph 
(F), a redevelopment authority shall submit an application containing 
the plan to the Secretary of Defense and to the Secretary of Housing 
and Urban Development.
    ``(ii) A redevelopment authority shall include in an application 
under clause (i) the following:
            ``(I) A copy of the redevelopment plan, including a summary 
        of any public comments on the plan received by the 
        redevelopment authority under subparagraph (F)(iii).
            ``(II) A copy of each notice of interest of use of 
        buildings and property to assist the homeless that was 
        submitted to the redevelopment authority under subparagraph 
        (C), together with a description of the manner, if any, in 
        which the plan addresses the interest expressed in each such 
        notice and, if the plan does not address such an interest, an 
        explanation why the plan does not address the interest.
            ``(III) A summary of the outreach undertaken by the 
        redevelopment authority under subparagraph (C)(iii)(II) in 
        preparing the plan.
            ``(IV) A statement identifying the representatives of the 
        homeless and the homeless assistance planning boards, if any, 
        with which the redevelopment authority consulted in preparing 
        the plan, and the results of such consultations.
            ``(V) An assessment of the manner in which the 
        redevelopment plan balances the expressed needs of the homeless 
        and the need of the communities in the vicinity of the 
        installation for economic redevelopment and other development.
            ``(VI) Copies of the agreements that the redevelopment 
        authority proposes to enter into under subparagraph (F)(ii).
    ``(H)(i) Not later than 60 days after receiving a redevelopment 
plan under subparagraph (G), the Secretary of Housing and Urban 
Development shall complete a review of the plan. The purpose of the 
review is to determine whether the plan--
            ``(I) takes into consideration the size and nature of the 
        homeless population in the communities in the vicinity of the 
        installation, the availability of existing services in such 
        communities to meet the needs of the homeless in such 
        communities, and the suitability of the buildings and property 
        covered by the plan to meet the needs of the homeless in such 
        communities;
            ``(II) takes into consideration, in regards to the 
        expressed interest and requests of representatives of the 
        homeless, the needs of the communities in the vicinity of the 
        installation for economic redevelopment and other development 
        with the needs of the homeless in such communities;
            ``(III) includes copies of the agreements that the 
        redevelopment authority proposes to enter into under 
        subparagraph (F)(ii);
            ``(IV) was developed in consultation with representatives 
        of the homeless and the homeless assistance planning boards, if 
        any, in the communities in the vicinity of the installation; 
        and
            ``(V) specifies the manner in which buildings and property, 
        resources, and assistance on or off the installation will be 
        made available for homeless assistance purposes.
    ``(ii) The Secretary of Housing and Urban Development may engage in 
negotiations and consultations with a redevelopment authority before or 
during the course of a review under clause (i) with a view toward 
resolving any preliminary determination of the Secretary that a 
redevelopment plan does not meet a requirement set forth in that 
clause. The redevelopment authority may modify the redevelopment plan 
as a result of such negotiations and consultations.
    ``(iii) Upon completion of a review of a redevelopment plan under 
clause (i), the Secretary of Housing and Urban Development shall notify 
the Secretary of Defense and the redevelopment authority concerned of 
the determination of the Secretary of Housing and Urban Development 
under that clause.
    ``(iv) If the Secretary of Housing and Urban Development determines 
as a result of such a review that a redevelopment plan does not meet 
the requirements set forth in clause (i), a notice under clause (iii) 
shall include--
            ``(I) an explanation of that determination; and
            ``(II) a statement of the actions that the redevelopment 
        authority must undertake in order to address that 
        determination.
    ``(I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a 
determination that a redevelopment plan does not meet a requirement set 
forth in subparagraph (H)(i), a redevelopment authority shall have the 
opportunity to--
            ``(I) revise the plan in order to address the 
        determination; and
            ``(II) submit the revised plan to the Secretary of Housing 
        and Urban Development.
    ``(ii) A redevelopment authority shall submit a revised plan under 
this subparagraph to the Secretary of Housing and Urban Development, if 
at all, not later than 90 days after the date on which the 
redevelopment authority receives the notice referred to in clause (i).
    ``(J)(i) Not later than 30 days after receiving a revised 
redevelopment plan under subparagraph (I), the Secretary of Housing and 
Urban Development shall review the revised plan for purposes of 
determining if the plan meets the requirements set forth in 
subparagraph (H)(i).
    ``(ii) The Secretary of Housing and Urban Development shall notify 
the Secretary of Defense and the redevelopment authority concerned of 
the determination of the Secretary of Housing and Urban Development 
under this subparagraph.
    ``(K) Upon receipt of a notice under subparagraph (H)(iii) or 
(J)(ii) of the determination of the Secretary of Housing and Urban 
Development that a redevelopment plan for an installation meets the 
requirements set forth in subparagraph (H)(i), the Secretary of Defense 
shall dispose of the buildings and property located at the installation 
that are identified in the plan as available for use to assist the 
homeless in accordance with the provisions of the plan. The Secretary 
of Defense may dispose of such buildings or property directly to the 
representatives of the homeless concerned or to the redevelopment 
authority concerned.
    ``(L)(i) If the Secretary of Housing and Urban Development 
determines under subparagraph (J) that a revised redevelopment plan for 
an installation does not meet the requirements set forth in 
subparagraph (H)(i), or if no revised plan is so submitted, that 
Secretary shall--
            ``(I) review the original redevelopment plan submitted to 
        that Secretary under subparagraph (G), including the notice or 
        notices of representatives of the homeless referred to in 
        clause (ii)(II) of that subparagraph;
            ``(II) consult with the representatives referred to in 
        subclause (I), if any, for purposes of evaluating the 
        continuing interest of such representatives in the use of 
        buildings or property at the installation to assist the 
        homeless;
            ``(III) request that each such representative submit to 
        that Secretary the items described in clause (ii); and
            ``(IV) based on the actions of that Secretary under 
        subclauses (I) and (II), and on any information obtained by 
        that Secretary as a result of such actions, indicate to the 
        Secretary of Defense the buildings and property at the 
        installation that meets the requirements set forth in 
        subparagraph (H)(i).
    ``(ii) The Secretary of Housing and Urban Development may request 
under clause (i)(III) that a representative of the homeless submit to 
that Secretary the following:
            ``(I) A description of the program of such representative 
        to assist the homeless.
            ``(II) A description of the manner in which the buildings 
        and property that the representative proposes to use for such 
        purpose will assist the homeless.
            ``(III) Such information as that Secretary requires in 
        order to determine the financial capacity of the representative 
        to carry out the program and to ensure that the program will be 
        carried out in compliance with Federal environmental law and 
        Federal law against discrimination.
            ``(IV) A certification that police services, fire 
        protection services, and water and sewer services available in 
        the communities in the vicinity of the installation concerned 
        are adequate for the program.
    ``(iii) The Secretary of Housing and Urban Development shall 
indicate to the Secretary of Defense and to the redevelopment authority 
concerned the buildings and property at an installation under clause 
(i)(IV) to be disposed of not later than 90 days after the date of a 
receipt of a revised plan for the installation under subparagraph (J).
    ``(iv) The Secretary of Defense shall dispose of the buildings and 
property at an installation referred to in clause (iii) to entities 
indicated by the Secretary of Housing and Urban Development or by 
transfer to the redevelopment authority concerned for sale, exchange, 
lease, permit, or transfer to such entities. Such disposal shall be in 
accordance with the indications of the Secretary of Housing and Urban 
Development under clause (i)(IV).
    ``(M)(i) In the event of the disposal of buildings and property of 
an installation pursuant to subparagraph (K), the redevelopment 
authority for the installation shall be responsible for the 
implementation of agreements under the redevelopment plan described in 
that subparagraph for the installation.
    ``(ii) If a building or property reverts to a redevelopment 
authority under such an agreement, the redevelopment authority shall 
take appropriate actions to secure, to the maximum extent practicable, 
the utilization of the building or property by other homeless 
representatives to assist the homeless. A redevelopment authority may 
not be required to utilize the building or property to assist the 
homeless.
    ``(N) The Secretary of Defense with respect to activities under 
this paragraph that are under the jurisdiction of that Secretary and 
the Secretary of Housing and Urban Development with respect to 
activities under this paragraph that are under the jurisdiction of that 
Secretary may, in consultation with the redevelopment authority 
concerned, postpone or extend any deadline provided for under this 
paragraph in the case of an installation covered by this paragraph for 
such period as the Secretary considers appropriate if the Secretary 
determines that such postponement is in the interests of the 
communities affected by the closure of the installation.''.
    (b) Definitions.--Section 2910 of such Act is amended by adding at 
the end the following:
            ``(10) The term `representative of the homeless' has the 
        meaning given such term in section 501(h)(4) of the Stewart B. 
        McKinney Homeless Assistance Act (42 U.S.C. 11411(h)(4).''.
    (c) Conforming Amendment.--Section 2905(b)(6)(A) of such Act is 
amended by adding at the end the following: ``For procedures relating 
to the use to assist the homeless of buildings and property at 
installations closed under this part after the date of the enactment of 
this sentence, see paragraph (7).''.
    (d) Applicability to Installations Approved for Closure Before 
Enactment of Act.--(1)(A) Notwithstanding any provision of the 1988 
base closure Act or the 1990 base closure Act, as such provision was in 
effect on the day before the date of the enactment of this Act, and 
subject to subparagraphs (B) and (C), the use to assist the homeless of 
building and property at military installations approved for closure 
under the 1988 base closure Act or the 1990 base closure Act, as the 
case may be, before such date shall be determined in accordance with 
the provisions of paragraph (7) of section 2905(b) of the 1990 base 
closure Act, as amended by subsection (a), in lieu of the provisions of 
the 1988 base closure Act or the 1990 base closure Act that would 
otherwise apply to the installations.
    (B)(i) The provisions of such paragraph (7) shall apply to an 
installation referred to in subparagraph (A) only if the redevelopment 
authority for the installation submits a request to the Secretary of 
Defense not later than 60 days after the date of the enactment of this 
Act.
    (ii) In the case of an installation for which no redevelopment 
authority exists on the date of the enactment of this Act, the chief 
executive officer of the State in which the installation is located 
shall submit the request referred to in clause (i) and act as the 
redevelopment authority for the installation.
    (C) The provisions of such paragraph (7) shall not apply to any 
buildings or property at an installation referred to in subparagraph 
(A) for which the redevelopment authority submits a request referred to 
in subparagraph (B) within the time specified in such subparagraph (B) 
if the buildings or property, as the case may be, have been transferred 
or leased for use to assist the homeless under the 1988 base closure 
Act or the 1990 base closure Act, as the case may be, before the date 
of the enactment of this Act.
    (2) For purposes of the application of such paragraph (7) to the 
buildings and property at an installation, the date on which the 
Secretary receives a request with respect to the installation under 
paragraph (1) shall be treated as the date on which the Secretary of 
Defense completes the final determination referred to in subparagraph 
(B) of such paragraph (7).
    (3) Upon receipt under paragraph (1)(B) of a timely request with 
respect to an installation, the Secretary of Defense shall publish in 
the Federal Register and in a newspaper of general circulation in the 
communities in the vicinity of the installation information describing 
the redevelopment authority for the installation.
    (4)(A) The Secretary of Housing and Urban Development and the 
Secretary of Health and Human Services shall not, during the 60-day 
period beginning on the date of the enactment of this Act, carry out 
with respect to any military installation approved for closure under 
the 1988 base closure Act or the 1990 base closure Act before such date 
any action required of such Secretaries under the 1988 base closure Act 
or the 1990 base closure Act, as the case may be, or under section 501 
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411).
    (B)(i) Upon receipt under paragraph (1)(A) of a timely request with 
respect to an installation, the Secretary of Defense shall notify the 
Secretary of Housing and Urban Development and the Secretary of Health 
and Human Services that the disposal of buildings and property at the 
installation shall be determined under such paragraph (7) in accordance 
with this subsection.
    (ii) Upon receipt of a notice with respect to an installation under 
this subparagraph, the requirements, if any, of the Secretary of 
Housing and Urban Development and the Secretary of Health and Human 
Services with respect to the installation under the provisions of law 
referred to in subparagraph (A) shall terminate.
    (iii) Upon receipt of a notice with respect to an installation 
under this subparagraph, the Secretary of Health and Human Services 
shall notify each representative of the homeless that submitted to that 
Secretary an application to use buildings or property at the 
installation to assist the homeless under the 1988 base closure Act or 
the 1990 base closure Act, as the case may be, that the use of 
buildings and property at the installation to assist the homeless shall 
be determined under such paragraph (7) in accordance with this 
subsection.
    (5) In preparing a redevelopment plan for buildings and property at 
an installation covered by such paragraph (7) by reason of this 
subsection, the redevelopment authority concerned shall--
            (A) consider and address specifically any applications for 
        use of such buildings and property to assist the homeless that 
        were received by the Secretary of Health and Human Services 
        under the 1988 base closure Act or the 1990 base closure Act, 
        as the case may be, before the date of the enactment of this 
        Act and are pending with that Secretary on that date; and
            (B) incorporate in the plan an accommodation of the needs 
        of the homeless on or off the installation that is at least 
        substantially equivalent to the accommodations of the needs of 
        the homeless that were provided for in any such applications 
        that were so received before such date and were approved by 
        that Secretary before that date.
    (6) In the case of an installation to which the provisions of such 
paragraph (7) apply by reason of this subsection, the date specified by 
the redevelopment authority for the installation under subparagraph (D) 
of such paragraph (7) shall be not less than 1 month and not more than 
6 months after the date of the submittal of the request with respect to 
the installation under paragraph (1)(B).
    (7) For purposes of this subsection:
            (A) The term ``1988 base closure Act'' means the Defense 
        Authorization Amendments and Base Closure and Realignment Act 
        (Public Law 100-526; 10 U.S.C. 2687 note).
            (B) The term ``1990 base closure Act'' means the Defense 
        Base Closure and Realignment Act of 1990 (part A of title XXIX 
        of Public Law 101-510; 10 U.S.C. 2687 note).
    (e) Clarifying Amendments to Base Closure Acts.--(1) Section 
204(b)(6)(F)(i) of the Defense Authorization Amendments and Base 
Closure Act and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 
note) is amended by inserting ``and buildings and property referred to 
in subparagraph (B)(ii) which are not identified as suitable for use to 
assist the homeless under subparagraph (C),'' after ``subparagraph 
(D),''.
    (2) Section 2905(b)(6)(F)(i) of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) is amended by inserting ``and buildings and property 
referred to in subparagraph (B)(ii) which are not identified as 
suitable for use to assist the homeless under subparagraph (C),'' after 
``subparagraph (D),''.

SEC. 3. REPORTS ON COSTS OF ENVIRONMENTAL REMEDIATION AT INSTALLATIONS 
              TO BE CLOSED OR REALIGNED.

    (a) Reports Required.--(1) Not later than January 30 of each year 
in which the Secretary of Defense will undertake activities relating to 
the closure or realignment of a military installation approved for 
closure or realignment under a base closure law, the Secretary shall 
submit to the President, Congress, and the chief executive officer of 
each State in which such an installation is located the report referred 
to in paragraph (2).
    (2) The report referred to in paragraph (1) shall--
            (A) describe the costs, if any, incurred by the Secretary 
        during the previous year in carrying out environmental 
        restoration, waste management, and environmental compliance 
        activities at the installation; and
            (B) include an estimate of the amounts required by the 
        Secretary during the year in which the report is submitted in 
        order to carry out environmental restoration, waste management, 
        and environmental compliance activities at the installation in 
        accordance with the base realignment and closure cleanup plan 
        for the installation.
    (b) Definitions.--In this section:
            (1) The term ``base closure law'' means the following:
                    (A) The provisions of title II of the Defense 
                Authorization Amendments and Defense 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 ``base realignment and closure cleanup plan'', 
        with respect to a military installation, means the plan for the 
        expeditious environmental cleanup necessary to facilitate 
        conveyance of the property of the installation to communities 
        for economic redevelopment.

SEC. 4. DESIGNATION OF AREAS AFFECTED BY BASE CLOSURES AND REALIGNMENTS 
              AS ENTERPRISE COMMUNITIES.

    (a) Designation.--Section 1391(b) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new paragraph:
            ``(3) Additional enterprise communities from base closure 
        areas.--
                    ``(A) In general.--The appropriate Secretaries may, 
                in addition to any designations under paragraph (1), 
                designate 20 nominated areas as enterprise communities 
                but only if the nominated areas are areas affected by 
                the closure or realignment of a military installation 
                under a base closure law.
                    ``(B) Definition.--In this paragraph, the term 
                `base closure law' means the following:
                            ``(i) The provisions of title II of the 
                        Defense Authorization Amendments and Defense 
                        Base Closure and Realignment Act (Public Law 
                        100-526; 10 U.S.C. 2687 note).
                            ``(ii) The Defense Base Closure and 
                        Realignment Act of 1990 (part A of title XXIX 
                        of Public Law 101-510; 10 U.S.C. 2687 note).''.
    (b) Criteria.--Section 1392 of such Code is amended by adding at 
the end the following new subsection:
    ``(d) Special Rule for Base Closure Areas.--In the case of a 
designation under section 1391(b)(3), subsection (a) shall not apply.''
    (c) Appropriate Secretary.--Section 1393(a)(1) of such Code is 
amended by striking ``and'' at the end of subparagraph (A), by striking 
the period at the end of subparagraph (B) and inserting ``, and'', and 
by adding at the end the following new subparagraph:
                    ``(C) the Secretary of Defense in the case of a 
                designation of a nominated area under section 
                1391(b)(3).''.

SEC. 5. APPRAISAL OF PROPERTY AT INSTALLATIONS TO BE CLOSED OR 
              REALIGNED.

    (a) Under 1988 Act.--Section 204(b)(4) of the Defense Authorization 
Amendments and Defense Base Closure and Realignment Act (Public Law 
100-526; 10 U.S.C. 2687 note) is amended--
            (1) by redesignating subparagraphs (D) and (E) as 
        subparagraphs (E) and (F), respectively; and
            (2) by inserting after subparagraph (C) the following new 
        subparagraph (D):
    ``(D)(i) Before determining the estimated fair market value of any 
real property or personal property to be transferred under this 
paragraph, the Secretary shall--
            ``(I) notify the redevelopment authority concerned of the 
        guidelines and procedures to be used by the Secretary in 
        determining such fair market value; and
            ``(II) incorporate into such guidelines and procedures any 
        recommendations of the redevelopment authority that the 
        Secretary considers appropriate.
    ``(ii) In the case of transfer of any real property or personal 
property referred to in clause (iii), the fair market value of the 
property upon transfer shall be--
            ``(I) the amount jointly determined by the Secretary and 
        the redevelopment authority concerned; or
            ``(II) if the Secretary and the redevelopment authority 
        cannot agree upon an amount under subclause (I), the amount 
        determined by an appropriate third party jointly selected by 
        the Secretary and the redevelopment authority for the purpose 
        of such determination.
    ``(iii) Clause (ii) applies any to real property or personal 
property that may be transferred under this paragraph if the estimated 
fair market value of such property, as determined by the Secretary, 
exceeds the estimated fair market value of such property, as determined 
by the redevelopment authority concerned, by the greater of--
            ``(I) the amount equal to 25 percent of the fair market 
        value of such property as determined by the redevelopment 
        authority; or
            ``(II) $500,000.''.
    (b) Under 1990 Act.--Section 2905(b)(4) of the Defense Base Closure 
and Realignment Act of 1990 (Public Law 100-526; 10 U.S.C. 2687 note) 
is amended--
            (1) by redesignating subparagraphs (D) and (E) as 
        subparagraphs (E) and (F), respectively; and
            (2) by inserting after subparagraph (C) the following new 
        subparagraph (D):
    ``(D)(i) Before determining the estimated fair market value of any 
real property or personal property to be transferred under this 
paragraph, the Secretary shall--
            ``(I) notify the redevelopment authority concerned of the 
        guidelines and procedures to be used by the Secretary in 
        determining such fair market value; and
            ``(II) incorporate into such guidelines and procedures any 
        recommendations of the redevelopment authority that the 
        Secretary considers appropriate.
    ``(ii) In the case of transfer of any real property or personal 
property referred to in clause (iii), the fair market value of the 
property upon transfer shall be--
            ``(I) the amount jointly determined by the Secretary and 
        the redevelopment authority concerned; or
            ``(II) if the Secretary and the redevelopment authority 
        cannot agree upon an amount under subclause (I), the amount 
        determined by an appropriate third party jointly selected by 
        the Secretary and the redevelopment authority for the purpose 
        of such determination.
    ``(iii) Clause (ii) applies any to real property or personal 
property that may be transferred under this paragraph if the estimated 
fair market value of such property, as determined by the Secretary, 
exceeds the estimated fair market value of such property, as determined 
by the redevelopment authority concerned, by the greater of--
            ``(I) the amount equal to 25 percent of the fair market 
        value of such property as determined by the redevelopment 
        authority; or
            ``(II) $500,000.''.

SEC. 6. CREDIT FOR REDUCTION IN EMISSIONS OF AIR POLLUTANTS AS A RESULT 
              OF THE CLOSURE OF MILITARY INSTALLATIONS.

    (a) Under 1988 Act.--Section 204 of the Defense Authorization 
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 
U.S.C. 2687 note) is amended by adding at the end the following:
    ``(e) Credits for Emissions of Air Pollutants.--(1)(A) The 
Secretary of Defense shall determine the amount of the reduction in the 
emission of air pollutants that will result from the cessation of 
activities of the Department of Defense at a military installation 
approved for closure under this title. The Secretary shall determine 
such amount with respect to each air pollutant emitted by the 
installation.
    ``(B) The Secretary shall determine the amount of the reduction in 
the emission of an air pollutant under subparagraph (A) with respect to 
an installation in a manner consistent with the determination of rates 
of emission of the air pollutant under the plan established under title 
I of the Clean Air Act (42 U.S.C. 7401 et seq.) for a reduction in or 
limit on the emission of the air pollutant in the air quality control 
region in which the installation is located.
    ``(2) Notwithstanding any other provision of law, the Secretary, in 
consultation with the redevelopment authority concerned, shall--
            ``(A) use the amount of the reduction in the emission of an 
        air pollutant under paragraph (1) as an offsetting emission 
        reduction against the emission of the air pollutant by the 
        Department of Defense at another installation within the same 
        air quality control region as the installation achieving the 
        reduction; or
            ``(B) if the Secretary determines that such use is not 
        desirable or necessary, by making the amount of the reduction 
        available to a person or entity in accordance with paragraph 
        (3).
    ``(3)(A) Notwithstanding any other provision of law, a person or 
entity referred to in subparagraph (B) may use the amount of an air 
pollutant emission reduction referred to in subparagraph (C) as an 
offsetting emission reduction against the emission of the air pollutant 
by the person or entity as a result of the operations of the person or 
entity at the installation referred to in subparagraph (B) for purposes 
of compliance with a plan established under title I of the Clean Air 
Act for a reduction in or limit on the emission of the air pollutant in 
the air quality control region in which the installation is located.
    ``(B) Subparagraph (A) applies to any person or entity--
            ``(i) who is the transferee from the Secretary of Defense 
        under this section of any real property or facility located at 
        a military installation approved for closure under this title; 
        and
            ``(ii) who owns or operates a major stationary source (as 
        used under section 182 of the Clean Air Act (42 U.S.C. 7511a)) 
        at the property or facility.
    ``(C) The amount of the offsetting air pollutant emission reduction 
available to a person or entity under subparagraph (A) as the result of 
the closure of a military installation is the lesser of--
            ``(i) the amount of the air pollutant that the air quality 
        planning agency for the air quality control region in which the 
        installation is located determines will be emitted by the major 
        stationary source owned or operated by the person or entity at 
        the property or facility; or
            ``(ii) the amount of the reduction in the emission of the 
        air pollutant for the installation as determined under 
        paragraph (1).
    ``(4) For purposes of this subsection, the term `air pollutant' 
shall include each air pollutant required to be offset under part D of 
title I of the Clean Air Act (42 U.S.C. 7501 et seq.) or under 
applicable State law.''.
    (b) Under 1990 Act.--Section 2905 of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) is amended by adding at the end the following:
    ``(f) Credits for Emissions of Air Pollutants.--(1)(A) The 
Secretary of Defense shall determine the amount of the reduction in the 
emission of air pollutants that will result from the cessation of 
activities of the Department of Defense at a military installation 
approved for closure under this part. The Secretary shall determine 
such amount with respect to each air pollutant emitted by the 
installation.
    ``(B) The Secretary shall determine the amount of the reduction in 
the emission of an air pollutant under subparagraph (A) with respect to 
an installation in a manner consistent with the determination of rates 
of emission of the air pollutant under the plan established under title 
I of the Clean Air Act (42 U.S.C. 7401 et seq.) for a reduction in or 
limit on the emission of the air pollutant in the air quality control 
region in which the installation is located.
    ``(2) Notwithstanding any other provision of law, the Secretary, in 
consultation with the redevelopment authority concerned, shall--
            ``(A) use the amount of the reduction in the emission of an 
        air pollutant under paragraph (1) as an offsetting emission 
        reduction against the emission of the air pollutant by the 
        Department of Defense at another installation within the same 
        air quality control region as the installation achieving the 
        reduction; or
            ``(B) if the Secretary determines that such use is not 
        desirable or necessary, by making the amount of the reduction 
        available to a person or entity in accordance with paragraph 
        (3).
    ``(3)(A) Notwithstanding any other provision of law, a person or 
entity referred to in subparagraph (B) may use the amount of an air 
pollutant emission reduction referred to in subparagraph (C) as an 
offsetting emission reduction against the emission of the air pollutant 
by the person or entity as a result of the operations of the person or 
entity at the installation referred to in subparagraph (B) for purposes 
of compliance with a plan established under title I of the Clean Air 
Act for a reduction in or limit on the emission of the air pollutant in 
the air quality control region in which the installation is located.
    ``(B) Subparagraph (A) applies to any person or entity--
            ``(i) who is the transferee from the Secretary of Defense 
        under this section of any real property or facility located at 
        a military installation approved for closure under this title; 
        and
            ``(ii) who owns or operates a major stationary source (as 
        used under section 182 of the Clean Air Act (42 U.S.C. 7511a)) 
        at the property or facility.
    ``(C) The amount of the offsetting air pollutant emission reduction 
available to a person or entity under subparagraph (A) as the result of 
the closure of a military installation is the lesser of--
            ``(i) the amount of the air pollutant that the air quality 
        planning agency for the air quality control region in which the 
        installation is located determines will be emitted by the major 
        stationary source owned or operated by the person or entity at 
        the property or facility; or
            ``(ii) the amount of the reduction in the emission of the 
        air pollutant for the installation as determined under 
        paragraph (1).
    ``(4) For purposes of this subsection, the term `air pollutant' 
shall include each air pollutant required to be offset under part D of 
title I of the Clean Air Act (42 U.S.C. 7501 et seq.) or under 
applicable State law.''.

SEC. 7. SENSE OF CONGRESS ON USE OF SINGLE ENTITY FOR ENVIRONMENTAL 
              REMEDIATION AT INSTALLATIONS TO BE CLOSED OR REALIGNED.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should consider carrying out all environmental 
restoration, waste management, and environmental compliance activities, 
or any of a related series of such activities, at a military 
installation approved for closure or realignment under a base closure 
law through a single entity.
    (b) Authority To Use Single Entity.--Notwithstanding any other 
provision of law, the Secretary of Defense may carry out all 
environmental restoration, waste management, and environmental 
compliance activities, or any of a related series of such activities, 
at a military installation approved for closure or realignment under a 
base closure law through a single entity if the Secretary determines 
that carrying out such activities through such an entity is feasible 
and appropriate.
    (c) Definition.--In this section, the term ``base closure law'' 
means the following:
            (1) The provisions of title II of the Defense Authorization 
        Amendments and Defense Base Closure and Realignment Act (Public 
        Law 100-526; 10 U.S.C. 2687 note).
            (2) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).

SEC. 8. REIMBURSEMENT OF CERTAIN TRANSFEREES OF DEPARTMENT OF DEFENSE 
              FOR BUSINESS LOSS DUE TO ENVIRONMENTAL HAZARDS ON 
              TRANSFERRED PROPERTY.

    (a) In General.--(1) Except as provided in paragraph (3) and 
subject to subsection (b), the Secretary of Defense may reimburse in 
full the persons and entities referred to in paragraph (2) for any 
economic loss suffered by the persons or entities as a result of 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 referred to in paragraph (1) are the 
following:
            (A) Any person or entity (other than an entity of a State 
        government or political subdivision thereof) that acquires 
        ownership or control of any facility at a military installation 
        (or any portion thereof) described in paragraph (1) for the 
        purposes (as determined by the Secretary of Defense) of 
        carrying out for-profit business activities at the facility.
            (B) Any successor, assignee, transferee, or lessee of a 
        person or entity referred to in subparagraph (A) if the 
        Secretary determines that such successor, assignee, transferee, 
        or lessee carries out for-profit business activities at the 
        facility.
            (C) Any lender of a person or entity referred to in 
        subparagraph (A) or (B).
    (3) Paragraph (1) shall not apply to a person or entity referred to 
in paragraph (2) to the extent that the person or entity contributed to 
any release or threatened release referred to in paragraph (1).
    (b) Conditions.--No reimbursement may be provided under this 
section unless the person or entity making a claim for reimbursement--
            (1) notifies the Department of Defense in writing within 2 
        years after the claim accrues;
            (2) furnishes to the Department of Defense copies of 
        pertinent documents the person or entity receives;
            (3) furnishes evidence or proof of any claim, loss, or 
        damage covered by this section; and
            (4) provides, upon request of the Secretary of Defense, 
        access to the records and personnel of the person or entity for 
        purposes of settling the claim.
    (c) Scope of Authority of Secretary of Defense.--In any case in 
which the Secretary of Defense determines that a person or entity 
referred to in paragraph (2) of subsection (a) may be entitled to 
reimbursement under this section for economic loss suffered by the 
person or entity as a result of a release or threatened release 
referred to in paragraph (1) of that subsection, the Secretary may, at 
the discretion of the Secretary--
            (1) pay the person or entity--
                    (A) an amount equal to the amount of the economic 
                loss (as determined by the Secretary); and
                    (B) an amount determined by the Secretary to be 
                appropriate in order to permit the person or entity to 
                maintain on-going for-profit business activities at the 
                facility while the Secretary carries out remediation of 
                the release or threatened release; or
            (2) purchase the facility from the person or entity at a 
        price jointly agreed upon by the Secretary and the person or 
        entity.
    (d) 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)).
    (e) Definitions.--In this section:
            (1) The terms ``facility'', ``hazardous substance'', 
        ``release'', and ``pollutant or contaminant'' have the meanings 
        given such terms in paragraphs (9), (14), (22), and (33) of 
        section 101 the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601(9), 
        (14), (22), and (33)), respectively.
            (2) The term ``base closure law'' means the following:
                    (A) The provisions of title II of the Defense 
                Authorization Amendments and Defense 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).

SEC. 9. TREATMENT UNDER COMMUNITY REINVESTMENT ACT OF COMMUNITIES 
              AFFECTED BY THE CLOSURE OR REALIGNMENT OF MILITARY 
              INSTALLATIONS.

    Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 
2903) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking ``(2) take such 
                record'' and inserting ``(3) take the records referred 
                to in paragraphs (1) and (2)''; and
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) if the institution serves a community affected by the 
        closure or realignment of a military installation under a base 
        closure law, assess the institution's record of meeting the 
        credit needs of that entire community, consistent with the safe 
        and sound operation of the institution; and''; and
            (2) by adding at the end the following new subsection:
    ``(c) Definition.--For purposes of subsection (a)(2), the term 
`base closure law' means the following:
            ``(1) The provisions of title II of the Defense 
        Authorization Amendments and Defense Base Closure and 
        Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
            ``(2) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).''.
                                 <all>
S 2491 IS----2
S 2491 IS----3
S 2491 IS----4