[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2534 Enrolled Bill (ENR)]

        S.2534

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  To revise and improve the process for disposing of buildings and 
property at military installations under the base closure laws.

    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 cited as the ``Base Closure Community Redevelopment 
and Homeless Assistance 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 determinations referred to in paragraph (5) 
relating to the use or transferability of any portion of an 
installation covered by this paragraph, the Secretary shall--
        ``(I) identify the buildings and property at the installation 
    for which the Department of Defense has a use, for which another 
    department or agency of the Federal Government has identified a 
    use, or of which another department or agency will accept a 
    transfer;
        ``(II) take such actions as are necessary to identify any 
    building or property at the installation not identified under 
    subclause (I) that is excess property or surplus property;
        ``(III) submit to the Secretary of Housing and Urban 
    Development and to the redevelopment authority for the installation 
    (or the chief executive officer of the State in which the 
    installation is located if there is no redevelopment authority for 
    the installation at the completion of the determination described 
    in the stem of this sentence) information on any building or 
    property that is identified under subclause (II); and
        ``(IV) publish in the Federal Register and in a newspaper of 
    general circulation in the communities in the vicinity of the 
    installation information on the buildings and property identified 
    under subclause (II).
    ``(ii) Upon the recognition of a redevelopment authority for an 
installation covered by this paragraph, the Secretary of Defense shall 
publish in the Federal Register and in a newspaper of general 
circulation in the communities in the vicinity of the installation 
information on the redevelopment authority.
    ``(C)(i) State and local governments, representatives of the 
homeless, and other interested parties located in the communities in 
the vicinity of an installation covered by this paragraph shall submit 
to the redevelopment authority for the installation a notice of the 
interest, if any, of such governments, representatives, and parties in 
the buildings or property, or any portion thereof, at the installation 
that are identified under subparagraph (B)(i)(II). A notice of interest 
under this clause shall describe the need of the government, 
representative, or party concerned for the buildings or property 
covered by the notice.
    ``(ii) The redevelopment authority for an installation shall assist 
the governments, representatives, and parties referred to in clause (i) 
in evaluating buildings and property at the installation for purposes 
of this subparagraph.
    ``(iii) In providing assistance under clause (ii), a redevelopment 
authority shall--
        ``(I) consult with representatives of the homeless in the 
    communities in the vicinity of the installation concerned; and
        ``(II) undertake outreach efforts to provide information on the 
    buildings and property to representatives of the homeless, and to 
    other persons or entities interested in assisting the homeless, in 
    such communities.
    ``(iv) It is the sense of Congress that redevelopment authorities 
should begin to conduct outreach efforts under clause (iii)(II) with 
respect to an installation as soon as is practicable after the date of 
approval of closure of the installation.
    ``(D)(i) State and local governments, representatives of the 
homeless, and other interested parties shall submit a notice of 
interest to a redevelopment authority under subparagraph (C) not later 
than the date specified for such notice by the redevelopment authority.
    ``(ii) The date specified under clause (i) shall be--
        ``(I) in the case of an installation for which a redevelopment 
    authority has been recognized as of the date of the completion of 
    the determinations referred to in paragraph (5), not earlier than 3 
    months and not later than 6 months after that date; and
        ``(II) in the case of an installation for which a redevelopment 
    authority is not recognized as of such date, not earlier than 3 
    months and not later than 6 months after the date of the 
    recognition of a redevelopment authority for the installation.
    ``(iii) Upon specifying a date for an installation under this 
subparagraph, the redevelopment authority for the installation shall--
        ``(I) publish the date specified in a newspaper of general 
    circulation in the communities in the vicinity of the installation 
    concerned; and
        ``(II) notify the Secretary of Defense of the date.
    ``(E)(i) In submitting to a redevelopment authority under 
subparagraph (C) a notice of interest in the use of buildings or 
property at an installation to assist the homeless, a representative of 
the homeless shall submit the following:
        ``(I) A description of the homeless assistance program that the 
    representative proposes to carry out at the installation.
        ``(II) An assessment of the need for the program.
        ``(III) A description of the extent to which the program is or 
    will be coordinated with other homeless assistance programs in the 
    communities in the vicinity of the installation.
        ``(IV) A description of the buildings and property at the 
    installation that are necessary in order to carry out the program.
        ``(V) A description of the financial plan, the organization, 
    and the organizational capacity of the representative to carry out 
    the program.
        ``(VI) An assessment of the time required in order to commence 
    carrying out the program.
    ``(ii) A redevelopment authority may not release to the public any 
information submitted to the redevelopment authority under clause 
(i)(V) without the consent of the representative of the homeless 
concerned unless such release is authorized under Federal law and under 
the law of the State and communities in which the installation 
concerned is located.
    ``(F)(i) The redevelopment authority for each installation covered 
by this paragraph shall prepare a redevelopment plan for the 
installation. The redevelopment authority shall, in preparing the plan, 
consider the interests in the use to assist the homeless of the 
buildings and property at the installation that are expressed in the 
notices submitted to the redevelopment authority under subparagraph 
(C).
    ``(ii)(I) In connection with a redevelopment plan for an 
installation, a redevelopment authority and representatives of the 
homeless shall prepare legally binding agreements that provide for the 
use to assist the homeless of buildings and property, resources, and 
assistance on or off the installation. The implementation of such 
agreements shall be contingent upon the 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 9 months after the date specified by 
the redevelopment authority for the installation under subparagraph 
(D).
    ``(G)(i) Upon completion of a redevelopment plan under subparagraph 
(F), a redevelopment authority shall submit an application containing 
the plan to the Secretary of Defense and to the Secretary of Housing 
and Urban Development.
    ``(ii) A redevelopment authority shall include in an application 
under clause (i) the following:
        ``(I) A copy of the redevelopment plan, including a summary of 
    any public comments on the plan received by the redevelopment 
    authority under subparagraph (F)(iii).
        ``(II) A copy of each notice of interest of use of buildings 
    and property to assist the homeless that was submitted to the 
    redevelopment authority under subparagraph (C), together with a 
    description of the manner, if any, in which the plan addresses the 
    interest expressed in each such notice and, if the plan does not 
    address such an interest, an explanation why the plan does not 
    address the interest.
        ``(III) A summary of the outreach undertaken by the 
    redevelopment authority under subparagraph (C)(iii)(II) in 
    preparing the plan.
        ``(IV) A statement identifying the representatives of the 
    homeless and the homeless assistance planning boards, if any, with 
    which the redevelopment authority consulted in preparing the plan, 
    and the results of such consultations.
        ``(V) An assessment of the manner in which the redevelopment 
    plan balances the expressed needs of the homeless and the need of 
    the communities in the vicinity of the installation for economic 
    redevelopment and other development.
        ``(VI) Copies of the agreements that the redevelopment 
    authority proposes to enter into under subparagraph (F)(ii).
    ``(H)(i) Not later than 60 days after receiving a redevelopment 
plan under subparagraph (G), the Secretary of Housing and Urban 
Development shall complete a review of the plan. The purpose of the 
review is to determine whether the plan, with respect to the expressed 
interest and requests of representatives of the homeless--
        ``(I) takes into consideration the size and nature of the 
    homeless population in the communities in the vicinity of the 
    installation, the availability of existing services in such 
    communities to meet the needs of the homeless in such communities, 
    and the suitability of the buildings and property covered by the 
    plan for the use and needs of the homeless in such communities;
        ``(II) takes into consideration any economic impact of the 
    homeless assistance under the plan on the communities in the 
    vicinity of the installation;
        ``(III) balances in an appropriate manner the needs of the 
    communities in the vicinity of the installation for economic 
    redevelopment and other development with the needs of the homeless 
    in such communities;
        ``(IV) was developed in consultation with representatives of 
    the homeless and the homeless assistance planning boards, if any, 
    in the communities in the vicinity of the installation; and
        ``(V) specifies the manner in which buildings and property, 
    resources, and assistance on or off the installation will be made 
    available for homeless assistance purposes.
    ``(ii) It is the sense of Congress that the Secretary of Housing 
and Urban Development shall, in completing the review of a plan under 
this subparagraph, take into consideration and be receptive to the 
predominant views on the plan of the communities in the vicinity of the 
installation covered by the plan.
    ``(iii) The Secretary of Housing and Urban Development may engage 
in negotiations and consultations with a redevelopment authority before 
or during the course of a review under clause (i) with a view toward 
resolving any preliminary determination of the Secretary that a 
redevelopment plan does not meet a requirement set forth in that 
clause. The redevelopment authority may modify the redevelopment plan 
as a result of such negotiations and consultations.
    ``(iv) Upon completion of a review of a redevelopment plan under 
clause (i), the Secretary of Housing and Urban Development shall notify 
the Secretary of Defense and the redevelopment authority concerned of 
the determination of the Secretary of Housing and Urban Development 
under that clause.
    ``(v) If the Secretary of Housing and Urban Development determines 
as a result of such a review that a redevelopment plan does not meet 
the requirements set forth in clause (i), a notice under clause (iv) 
shall include--
        ``(I) an explanation of that determination; and
        ``(II) a statement of the actions that the redevelopment 
    authority must undertake in order to address that determination.
    ``(I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a 
determination that a redevelopment plan does not meet a requirement set 
forth in subparagraph (H)(i), a redevelopment authority shall have the 
opportunity to--
        ``(I) revise the plan in order to address the determination; 
    and
        ``(II) submit the revised plan to the Secretary of 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 and determine if the 
plan meets the requirements set forth in subparagraph (H)(i).
    ``(ii) The Secretary of Housing and Urban Development shall notify 
the Secretary of Defense and the redevelopment authority concerned of 
the determination of the Secretary of Housing and Urban Development 
under this subparagraph.
    ``(K) Upon receipt of a notice under subparagraph (H)(vi) 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. The Secretary of Defense shall dispose of the 
buildings and property under this subparagraph without consideration.
    ``(L)(i) If the Secretary of Housing and Urban Development 
determines under subparagraph (J) that a revised redevelopment plan for 
an installation does not meet the requirements set forth in 
subparagraph (H)(i), or if no revised plan is so submitted, that 
Secretary shall--
        ``(I) review the original redevelopment plan submitted to that 
    Secretary under subparagraph (G), including the notice or notices 
    of representatives of the homeless referred to in clause (ii)(II) 
    of that subparagraph;
        ``(II) consult with the representatives referred to in 
    subclause (I), if any, for purposes of evaluating the continuing 
    interest of such representatives in the use of buildings or 
    property at the installation to assist the homeless;
        ``(III) request that each such representative submit to that 
    Secretary the items described in clause (ii); and
        ``(IV) based on the actions of that Secretary under subclauses 
    (I) and (II), and on any information obtained by that Secretary as 
    a result of such actions, indicate to the Secretary of Defense the 
    buildings and property at the installation that meet the 
    requirements set forth in subparagraph (H)(i).
    ``(ii) The Secretary of Housing and Urban Development may request 
under clause (i)(III) that a representative of the homeless submit to 
that Secretary the following:
        ``(I) A description of the program of such representative to 
    assist the homeless.
        ``(II) A description of the manner in which the buildings and 
    property that the representative proposes to use for such purpose 
    will assist the homeless.
        ``(III) Such information as that Secretary requires in order to 
    determine the financial capacity of the representative to carry out 
    the program and to ensure that the program will be carried out in 
    compliance with Federal environmental law and Federal law against 
    discrimination.
        ``(IV) A certification that police services, fire protection 
    services, and water and sewer services available in the communities 
    in the vicinity of the installation concerned are adequate for the 
    program.
    ``(iii) 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 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). 
Such disposal shall be without consideration.
    ``(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 and compliance with agreements under the 
redevelopment plan described in that subparagraph for the installation.
    ``(ii) If a building or property reverts to a redevelopment 
authority under such an agreement, the redevelopment authority shall 
take appropriate actions to secure, to the maximum extent practicable, 
the utilization of the building or property by other homeless 
representatives to assist the homeless. A redevelopment authority may 
not be required to utilize the building or property to assist the 
homeless.
    ``(N) The Secretary of Defense may postpone or extend any deadline 
provided for under this paragraph in the case of an installation 
covered by this paragraph for such period as the Secretary considers 
appropriate if the Secretary determines that such postponement is in 
the interests of the communities affected by the closure of the 
installation. The Secretary shall make such determinations in 
consultation with the redevelopment authority concerned and, in the 
case of deadlines provided for under this paragraph with respect to the 
Secretary of Housing and Urban Development, in consultation with the 
Secretary of Housing and Urban Development.
    ``(O) For purposes of this paragraph, the term `communities in the 
vicinity of the installation', in the case of an installation, means 
the communities that constitute the political jurisdictions (other than 
the State in which the installation is located) that comprise the 
redevelopment authority for the installation.''.
    (b) Definition.--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 to  1990 Base Closure Act.--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) Conforming Amendment to McKinney Act.--Section 501 of the 
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411) is 
amended--
        (1) by redesignating subsection (h) as subsection (i); and
        (2) by inserting after subsection (g) the following new 
    subsection (h):
    ``(h) Applicability to Property Under Base Closure Process.--(1) 
The provisions of this section shall not apply to buildings and 
property at military installations that are approved for closure 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) after the date of the 
enactment of this subsection.
    ``(2) For provisions relating to the use to assist the homeless of 
buildings and property located at certain military installations 
approved for closure under such Act, or under title II of the Defense 
Authorization Amendments and Base Closure and Realignment Act (Public 
Law 100-526; 10 U.S.C. 2687 note), before such date, see section 2(e) 
of Base Closure Community Redevelopment and Homeless Assistance Act of 
1994.''.
    (e) 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)(A) 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) in the case of any application by representatives of the 
    homeless that was approved by the Secretary of Health and Human 
    Services before the date of enactment of this Act, ensure that the 
    plan adequately addresses the needs of the homeless identified in 
    the application by providing such representatives of the homeless 
    with--
            (i) properties, on or off the installation, that are 
        substantially equivalent to the properties covered by the 
        application;
            (ii) sufficient funding to secure such substantially 
        equivalent properties;
            (iii) services and activities that meet the needs 
        identified in the application; or
            (iv) a combination of the properties, funding, and services 
        and activities described in clause (i), (ii), and (iii).
    (6) In the case of an installation to which the provisions of such 
paragraph (7) apply by reason of this subsection, the date specified by 
the redevelopment authority for the installation under subparagraph (D) 
of such paragraph (7) shall be not less than 1 month and not more than 
6 months after the date of the submittal of the request with respect to 
the installation under paragraph (1)(B).
    (7) For purposes of this subsection:
        (A) The term ``1988 base closure Act'' means title II of the 
    Defense Authorization Amendments and Base Closure and Realignment 
    Act (Public Law 100-526; 10 U.S.C. 2687 note).
        (B) The term ``1990 base closure Act'' means the Defense Base 
    Closure and Realignment Act of 1990 (part A of title XXIX of Public 
    Law 101-510; 10 U.S.C. 2687 note).
    (f) 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 have not been 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 have not been identified as 
suitable for use to assist the homeless under subparagraph (C),'' after 
``subparagraph (D),''.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.