[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1814 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1814

  To amend title 10, United States Code, to reform and reorganize the 
 Department of Defense, to streamline its operations, to eliminate its 
  inefficiencies, to reallocate its functions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 1998

 Mr. Thurmond (for himself and Mr. Levin) (by request) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to reform and reorganize the 
 Department of Defense, to streamline its operations, to eliminate its 
  inefficiencies, to reallocate its functions, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Defense Reform Act of 1998''.
    (b) Table of Contents.--

                      TITLE I--STRUCTURAL CHANGES

Sec. 101. Repeal of the Requirement for an Assistant to the Secretary 
                            of Defense for Nuclear and Chemical and 
                            Biological Defense Programs.
Sec. 102. Change of Name from Assistant Secretary of Defense for 
                            Special Operations and Low Intensity 
                            Conflict to Assistant Secretary of Defense 
                            for Special Operations and Humanitarian 
                            Activities.
Sec. 103. Supervision of Defense Acquisition University Structure.
Sec. 104. Repeal of The Requirement for a Director of Acquisition 
                            Education, Training, and Career 
                            Development.
Sec. 105. Chancellor for Education and Professional Development.
Sec. 106. Expansion of Authority to Expand the National Defense 
                            University and its Structure.
Sec. 107. Repeal of Appropriations Act Limitation in the Relocation of 
                            an Organization, Unit, Activity, or 
                            Function of the Department of Defense Into 
                            or Within the National Capital Region.
Sec. 108. Repeal of Limitation on the Management of a Department of 
                            Defense Field Operating Agency.
Sec. 109. Provisions Reducing Personnel in Management Headquarters and 
                            Headquarters Support Activities.
Sec. 110. Repeal of Limitation in the Reorganization of Airborne 
                            Reconnaissance Management.
                          TITLE II--MANAGEMENT

Sec. 201. Elimination of Certification Requirement That Civilian 
                            Employees of the Department of Defense Have 
                            Not Been Managed by End Strengths.
Sec. 202. Extension Through Fiscal Year 2003 of Certain Force Drawdown 
                            Transition Authorities Relating to 
                            Personnel Management and Benefits.
Sec. 203. Use of Voluntary Separation Incentive Pay and Voluntary Early 
                            Retirement Authority to Meet Mission 
                            Requirements.
                  TITLE III--GOVERNMENT TRAVEL REFORM

Sec. 301. Streamlining and Simplifying Member-Arranged Movement of 
                            Household Goods.
Sec. 302. Governmental Travel Reform: Disposition of Defense 
                            Nonappropriated Fund Travel Service 
                            Payments When Realized Through a Joint 
                            Procurement With Appropriated Fund Travel 
                            Services.
                    TITLE IV--PROCUREMENT PROVISIONS

Sec. 401. Authority for Statistical Sampling to Ensure Receipt of Goods 
                            and Services.
Sec. 402. Authorization for Contractor Participation in Testing Defense 
                            Acquisition Programs.
Sec. 403. Use of Negotiated Sales in the Disposal of Property.
Sec. 404. Repeal of Contract Fee Limitations.
Sec. 405. Clarification That the Federal Property and Administrative 
                            Services Act of 1949 Does Not Apply to 
                            Leases in BRAC Properties.
                  TITLE V--OPERATIONS--USE OF RESERVES

Sec. 501. Reserve Component Preparedness for Emergencies Involving 
                            Weapons of Mass Destruction; Exclusion From 
                            End-strengths.
Sec. 502. Active Guard and Reserve Personnel in Support of Emergency 
                            Preparedness Programs for Weapons of Mass 
                            Destruction.
Sec. 503. Order to Active Duty of Reserve Components; Extension of 
                            Period.
              TITLE VI--INTELLIGENCE PERSONNEL MANAGEMENT

Sec. 601. Department of Defense Civilian Intelligence Personnel System 
                            Changes.
Sec. 602. Transfer of Employees From the Defense Civilian Intelligence 
                            Personnel Systems to the Competitive 
                            Service.
      TITLE VII--DEFENSE BASE CLOSURE AND REALIGNMENT ACT OF 1998

Sec. 701. Short Title and Purpose.
Sec. 702. The Commission.
Sec. 703. Procedure for Making Recommendations for Base Closures and 
                            Realignments.
Sec. 704. Closure and Realignment of Military Installations.
Sec. 705. Implementation.
Sec. 706. Account.
Sec. 707. Reports.
Sec. 708. Congressional Consideration of Commission Report.
Sec. 709. Restriction on Other Base Closure Authority.
Sec. 710. Definitions.
Sec. 711. Conforming Amendments.

 TITLE I--STRUCTURAL CHANGES IN THE OFFICE OF THE SECRETARY OF DEFENSE

SEC. 101. REPEAL OF THE REQUIREMENT FOR AN ASSISTANT TO THE SECRETARY 
              OF DEFENSE FOR NUCLEAR AND CHEMICAL AND BIOLOGICAL 
              DEFENSE PROGRAMS.

    (a) In General.--Section 142 of such title 10 is repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 4 of such title 10 is amended by striking the item relating to 
section 142.
    (c) Conforming Amendment; Deletion of Name.--Section 5316 of title 
5, United States Code, is amended by striking ``Assistant to the 
Secretary of Defense for Atomic Energy, Department of Defense.''.
    (d) Conforming Amendment; Repeal of Requirement That Assistant to 
the Secretary of Defense for Nuclear, Chemical and Biological Program 
Be Staff Director to the Joint Nuclear Weapons Council.--Section 179(c) 
of such title 10 is amended by striking paragraph (2) and ``(1)'' at 
the beginning of subsection (c).

SEC. 102. CHANGE OF NAME FROM ASSISTANT SECRETARY OF DEFENSE FOR 
              SPECIAL OPERATIONS AND NOW INTENSITY CONFLICT TO 
              ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND 
              HUMANITARIAN ACTIVITIES.

    Section 138(b)(4) of such title 10, is amended by striking ``shall 
be the Assistant Secretary of Defense for Special Operations and Low 
Intensity Conflict'' and inserting in lieu thereof ``shall be the 
Assistant Secretary of Defense for Special Operations and Humanitarian 
Activities''.

SEC. 103. SUPERVISION OF DEFENSE ACQUISITION UNIVERSITY STRUCTURE.

    Section 1702 of such title 10 is amended by adding at the end the 
following new sentence: ``The Under Secretary shall establish policy 
and requirements for the educational programs of the defense 
acquisition university structure established by section 1746 of this 
title.''.

SEC. 104. REPEAL OF THE REQUIREMENT FOR A DIRECTOR OF ACQUISITION 
              EDUCATION, TRAINING, AND CAREER DEVELOPMENT.

    (a) In General.--Section 1703 of such title 10, to include the 
catchline for such section, is repealed.
    (b) Clerical Amendment.--The table of sections for subchapter I of 
chapter 87 of such title 10 is amended by striking the item relating to 
section 1703.
    (c) Conforming Amendment.--Section 1746(a) of such title 10 is 
amended by striking ``, acting through the Under Secretary of Defense 
for Acquisition and Technology,''.

SEC. 105. CHANCELLOR FOR EDUCATION AND PROFESSIONAL DEVELOPMENT.

    (a) In General.--Chapter 81 of such title 10 is amended by adding 
at the end the following new section 1599d:
Sec. 1599d. Chancellor for education and professional development
    ``The Secretary of Defense shall appoint, without regard to other 
laws relating to appointment, classification, or compensation, a 
Chancellor for Education and Professional Development. Subject to the 
provisions of section 1702 of this title with respect to the 
educational programs of the defense acquisition university structure, 
the Chancellor shall exercise authority, direction, and control over 
education and professional development programs, other than those 
related to professional military education and training, within the 
Department of Defense.''.
    (b) Clerical Amendment.--In the table of sections for such chapter, 
insert after the item relating to section 1599c the following:

``1599d. Chancellor for education and professional development.''.

SEC. 106. EXPANSION OF AUTHORITY TO EXPAND THE NATIONAL DEFENSE 
              UNIVERSITY AND ITS STRUCTURE.

    Section 2165(b) of title 10, United States Code, is amended by 
striking ``consists of the following institutions:'' and inserting in 
lieu thereof ``May include the following institutions and such other 
educational institutions as the Secretary determines appropriate:''.

SEC. 107. REPEAL OF APPROPRIATIONS ACT LIMITATION IN THE RELOCATION OF 
              AN ORGANIZATION, UNIT, ACTIVITY, OR FUNCTION OF THE 
              DEPARTMENT OF DEFENSE INTO OR WITHIN THE NATIONAL CAPITAL 
              REGION.

    Section 8022 of the Department of Defense Appropriations Act, 1998 
(Public Law 105-56; 111 Stat. 1233) is repealed.

SEC. 108. REPEAL OF LIMITATION ON THE MANAGEMENT OF A DEPARTMENT OF 
              DEFENSE FIELD OPERATING AGENCY.

    Section 8061 of the Department of Defense Appropriations Act, 1998 
(Public Law 105-56; 111 Stat. 1233) is repealed.

SEC. 109. PROVISIONS REDUCING PERSONNEL IN MANAGEMENT HEADQUARTERS AND 
              HEADQUARTERS SUPPORT ACTIVITIES.

    (a) In General.--Section 130a of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 3 of such title 10 is amended by striking the item relating to 
section 130a.
    (c) Conforming Amendment.--Sections 911(b) of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 
1858-1859) is repealed.

SEC. 110. REPEAL OF LIMITATION IN THE REORGANIZATION OF AIRBORNE 
              RECONNAISSANCE MANAGEMENT.

    Section 905 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 1855) is repealed.

                          TITLE II--MANAGEMENT

SEC. 201. ELIMINATION OF CERTIFICATION REQUIREMENT THAT CIVILIAN 
              EMPLOYEES OF THE DEPARTMENT OF DEFENSE HAVE NOT BEEN 
              MANAGED BY END STRENGTHS.

    (a) Authorization Act Requirement.--Section 129 of title 10, United 
States Code, is amended by striking subsection (f).
    (b) Appropriations Act Limitation.--Section 8010 of the Department 
of Defense Appropriations Act, 1998 (Public Law 105-56; 111 Stat. 1222) 
is repealed.

SEC. 202. EXTENSION THROUGH FISCAL YEAR 2003 OF CERTAIN FORCE DRAWDOWN 
              TRANSITION AUTHORITIES RELATING TO PERSONNEL MANAGEMENT 
              AND BENEFITS.

    (a) Early Retirement Authority for Active Duty Members.--Section 
4403(i) of the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 106 Stat. 2704) is amended by striking ``October 
1, 1999'' and inserting in lieu thereof ``October 1, 2003''.
    (b) Special Separation Benefit.--Section 1174a(h) of title 10, 
United States Code, is amended by striking ``September 30, 1999'' and 
inserting in lieu thereof ``September 30, 2003''.
    (c) Voluntary Separation Incentive.--Section 1175(d)(3) of such 
title 10 is amended by striking ``September 30, 1999'' and inserting in 
lieu thereof ``September 30, 2003''.
    (d) Selective Early Retirement Boards.--Section 638a(a) of such 
title 10, is amended by striking ``nine-year period'' and inserting in 
lieu thereof ``thirteen-year period''.
    (e) Reduction of Time-in-Grade Requirement for Retention of Grade 
Upon Voluntary Retirement.--Section 1370(a)(2)(A) of such title 10, is 
amended by striking ``nine-year period'' and inserting in lieu thereof 
``thirteen-year period''.
    (f) Required Length of Commissioned Service for Voluntary 
Retirement as an Officer.--
            (1) Army.--Section 3911(b) of such title 10, is amended by 
        striking ``nine-year period'' and inserting in lieu thereof 
        ``thirteen-year period'';
            (2) Navy.--Section 6323(a)(2) of such title 10 is amended 
        by striking ``nine-year period'' and inserting in lieu thereof 
        ``thirteen-year period''; and
            (3) Air force.--Section 8911(b) of such title 10 is amended 
        by striking ``nine-year period'' and inserting in lieu thereof 
        ``thirteen-year period''.
    (g) Retirement of Certain Limited Duty Officers of the Navy and 
Marine Corps.--
            (1) Retirement for years of service for lieutenant colonels 
        and commanders.--Section 633 of such title 10 is amended by 
        striking ``October 1, 1999'' and inserting in lieu thereof 
        ``October 1, 2003'';
            (2) Retirement for years of service for colonels and navy 
        captains.--Section 634 of such title 10 is amended by striking 
        ``October 1, 1999'' and inserting in lieu thereof ``October 1, 
        2003''; and
            (3) Retirement for certain navy and marine corps 
        officers.--Section 6383 of such title 10 is amended--
                    (A) in subsection (a)(5) by striking out ``October 
                1, 1999'' and inserting in lieu thereof ``October 1, 
                2003'', and
                    (B) in subsection (k) by striking out ``October 1, 
                1999'' and inserting in lieu thereof ``October 1, 
                2003.''
    (h) Travel and Transportation Allowances and Storage of Baggage and 
Household Effects for Certain Members Being Involuntarily Separated.--
            (1) Selection of home for travel.--Section 404(c)(1)(C) of 
        title 37, United States Code, is amended by striking ``nine-
        year period'' and inserting in lieu thereof ``thirteen-year 
        period''.
            (2) Waiver for total service agreement for travel.--Section 
        404(f)(2)(B)(v) of such title 37 is amended by striking ``nine-
        year period'' and inserting in lieu thereof ``thirteen-year 
        period''.
            (3) Transportation in kind.--Section 406(a)(2)(B)(v) of 
        such title 37 is amended by striking ``nine-year period'' and 
        inserting in lieu thereof ``thirteen-year period''.
            (4) Household goods transportation.--Section 406(g)(1)(C) 
        of such title 37 is amended by striking ``nine-year period'' 
        and inserting in lieu thereof ``thirteen-year period''.
            (5) Storage of household effects.--Section 503(c) of the 
        National Defense Authorization Act for Fiscal Year 1991 (Public 
        Law 101-510; 37 U.S.C. 406 note) is amended by striking out 
        ``nine-year period'' and inserting in lieu thereof ``thirteen-
        year period''.
    (i) Program of Educational Leave Relating to Continuing Public and 
Community Service.--Section 4463(f) of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 
1143a note) is amended by striking ``September 30, 1999'' and inserting 
in lieu thereof ``September 30, 2003''.
    (j) Health, Commissary, and Family Housing Benefits.--
            (1) Transitional health care.--Section 1145 of such title 
        10 is amended--
                    (A) in paragraph (a)(1), by striking ``nine-year 
                period'' and inserting in lieu thereof ``thirteen-year 
                period''; and
                    (B) in subsection (e), by striking ``five-year 
                period'' and inserting in lieu thereof ``nine-year 
                period''.
            (2) Transitional health care for certain separated members 
        not otherwise eligible.--Section 1145(c)(1) of such title 10 is 
        amended by striking ``nine-year period'' and inserting in lieu 
        thereof ``thirteen-year period''.
            (3) Commissary and exchange benefits.--Section 1146 of such 
        title 10 is amended--
                    (A) by striking ``nine-year period'', and inserting 
                in lieu thereof ``thirteen-year period'', and
                    (B) by striking ``five-year period'' and inserting 
                in lieu thereof ``nine-year period''.
            (4) Use of military housing.--Section 1147(a) of such title 
        10 is amended--
                    (A) in paragraph (1), by striking ``nine-year 
                period'' and inserting in lieu thereof ``thirteen-year 
                period''; and
                    (B) in paragraph (2), by striking ``five-year 
                period and inserting in lieu thereof ``Nine-year 
                period''.
    (k) Continued Enrollment of Dependents in Defense Dependents' 
Education System.--Section 1407(c)(1) of the Defense Dependents' 
Education Act of 1978 (20 U.S.C. 926(c)(1)) is amended by striking 
``nine-year period'' and inserting in lieu thereof ``thirteen-year 
period''.
    (l) Force Reduction Transition Period Definition.--Section 4411 of 
the National Defense Authorization Act for Fiscal Year 1993, as 
amended, (10 U.S.C. 12681 note) is amended by striking ``September 30, 
1999'' and inserting in lieu thereof ``September 30, 2003''.
    (m) Temporary Special Authority for Force Reduction Period 
Retirements.--Section 4416(b)(1), of the National Defense Authorization 
Act for Fiscal Year 1993, as amended, (10 U.S.C. 12681 note) is amended 
by striking ``October 1, 1999'' and inserting in lieu thereof ``October 
1, 2003''.
    (n) Retired Pay for Non-Regular Service-Age and Service 
Requirements.--Section 12731(f) of such title 10 is amended by striking 
``September 30, 1999'' and inserting in lieu thereof ``September 30, 
2003''.
    (o) Retired Pay for Non-Regular Service-Age and Service 
Requirements; Temporary Special Retirement Qualification Authority.--
Section 12731a is amended--
            (1) in subsection (a)(1)(B) by striking ``October 1, 1999'' 
        and inserting in lieu thereof ``October 1, 2003''; and
            (2) in subsection (b) by striking ``October 1, 1999'' and 
        inserting in lieu thereof ``October 1, 2003''.
    (p) Reduction of Time-in-Grade Requirement for Retention of Grade 
Upon Voluntary Retirement.--Section 1370(d) of title 10, United States 
Code, is amended by adding at the end a new paragraph (5) as follows:
            ``(5) The Secretary of Defense may authorize the Secretary 
        of a Military Department to reduce the three-year period 
        required by paragraph (3)(A) to a period not less than two 
        years in the case of retirements effective during the force 
        reduction transition period beginning on October 1, 1991, and 
        ending September 30, 2003. The number of officers in an armed 
        force in a grade for whom a reduction is made during any fiscal 
        year in the period of service-in-grade otherwise required under 
        this paragraph may not exceed the number equal to two percent 
        of the authorized Reserve active status strength for that 
        fiscal year for officers of that armed force in that grade.''
    (q) Affiliation With Guard and Reserve Units; Waiver of Certain 
Limitations.--Section 1150(a) of such title 10 is amended by striking 
``nine-year period'' and inserting in lieu thereof ``thirteen-year 
period''.
    (r) Time and Use for Montgomery G.I. Bill Entitlement.--Section 
16133(b)(1)(B) of such title 10 is amended by striking ``September 30, 
1999'' and inserting in lieu thereof ``September 30, 2003''.
    (s) Extension of Voluntary Separation Incentive Pay 
Authorization.--Section 5597(e) of title 5, United States Code, is 
amended by striking ``September 30, 2001'' and inserting in lieu 
thereof ``September 30, 2003''.

SEC. 203. FEDERAL EMPLOYEE VOLUNTARY EARLY RETIREMENT.

    (a) In General.--Title 5, United States Code, is amended as 
follows:
            (1) Section 8336 is amended by striking paragraph (2) and 
        inserting in lieu thereof the following new paragraph (2):
            ``(2)(A) has been employed continuously by the agency for 
        more than 30 days prior to the date on which the agency 
        requested the determination under subparagraph (D)(I);
            ``(B) is serving under an appointment that is not time 
        limited;
            ``(C) is not in receipt of a decision notice of involuntary 
        separation for misconduct or unacceptable performance; and
            ``(D) is separated from the service voluntarily during a 
        period in which--
                    ``(i) under regulations that the Office of 
                Personnel Management shall prescribe, the Office 
                reviews the request of the agency and determines that--
                            ``(I) the agency (or, if applicable, the 
                        component) in which the employee is serving is 
                        undergoing a major reorganization, a major 
                        reduction in force, or a major transfer of 
                        function; and
                            ``(II) a significant percentage of the 
                        employees serving in such agency will be 
                        separated or subject to an immediate reduction 
                        in the rate of basic pay (without regard to 
                        subchapter VI of chapter 53, or comparable 
                        provisions); and
                    ``(ii) under regulations that the Office shall 
                prescribe, the agency in which the employee is serving 
                determines that the employee is within the scope of the 
                offer of voluntary early retirement, which may be 
                determined on the basis of--
                            ``(I) one or more organizational units;
                            ``(II) one or more occupational series or 
                        levels;
                            ``(III) one or more geographical locations;
                            ``(IV) other similar non personnel factors, 
                        the Office determines appropriate; or
                            ``(V) any appropriate combination of such 
                        factors;''.
            (2) Section 8414(b)(1) is amended by striking subparagraph 
        (B) and inserting in lieu thereof the following new 
        subparagraph (B):
                    ``(B)(i) has been employed continuously by the 
                agency for more than 30 days prior to the date on which 
                the agency requested the determination under clause 
                (iii)(I);
                    ``(ii) in serving under an appointment that is not 
                time limited;
                    ``(iii) is not in receipt of a decision notice of 
                involuntary separation for misconduct or unacceptable 
                performance; and
                    ``(iv) is separated from the service voluntarily 
                during a period in which--
                            ``(I) under regulations that the Office of 
                        Personnel Management shall prescribe, the 
                        Office reviews the request of the agency and 
                        determines that--
                                    ``(aa) the agency (or, if 
                                applicable, the component) in which the 
                                employee is serving is undergoing a 
                                major reorganization, a major reduction 
                                in force, or a major transfer of 
                                function; and
                                    ``(bb) a significant percentage of 
                                the employees serving in such agency 
                                will be separated or subject to an 
                                immediate reduction in the rate of 
                                basic pay (without regard to subchapter 
                                VI of chapter 53, or comparable 
                                provisions); and
                            ``(II) under regulations that the Office 
                        shall prescribe, the agency in which the 
                        employee is serving determines that the 
                        employee is within the scope of the offer of 
                        voluntary early retirement, which may be 
                        determined on the basis of--
                                    ``(aa) one or more organizational 
                                units;
                                    ``(bb) one or more occupational 
                                series or levels;
                                    ``(cc) one or more geographical 
                                locations;
                                    ``(dd) other similar non personnel 
                                factors, the Office determines 
                                appropriate; or
                                    ``(ee) any appropriate combination 
                                of such factors;''.
    (b) Effective Date.--The amendments made by subsection (a) of this 
section shall take effect on the date of enactment of this Act.

                  TITLE III--GOVERNMENT TRAVEL REFORM

SEC. 301. STREAMLINING AND SIMPLIFYING MEMBER-ARRANGED MOVEMENT OF 
              HOUSEHOLDS GOODS.

    Section 406 of title 37, United States Code, is amended--
            (1) in subsection (b)(1)(A)--
                    (A) by inserting ``or at the member's request a 
                monetary allowance in place of the cost of 
                transportation,'' after ``reimbursement therefor,'';
                    (B) by inserting ``This allowance shall provide an 
                overall cost savings to the Government and may be paid 
                in advance of the transportation of household 
                effects.'' after the first sentence; and
                    (C) by adding at the end the following:
                        ``Appropriations available to the Department of 
                        Defense, the Department of Transportation, and 
                        the Department of Health and Human Services for 
                        providing transportation of household effects 
                        of members of the uniformed service shall be 
                        available to pay the authorized monetary 
                        allowance. The Secretary concerned may 
                        prescribe the manner in which liability will be 
                        allocated among the member, the United States, 
                        and the contractors involved in the event of 
                        loss of or damage to any baggage or household 
                        effects arranged by, packed, crated, or loaded 
                        by the member.''; and
            (2) by striking subsection (j).

SEC. 302. GOVERNMENTAL TRAVEL REFORM: DISPOSITION OF DEFENSE 
              NONAPPROPRIATED FUND TRAVEL SERVICE PAYMENTS WHEN 
              REALIZED THROUGH A JOINT PROCUREMENT WITH APPROPRIATED 
              FUND TRAVEL SERVICES.

    (a) In General.--Chapter 147 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2490b. Acquisition of travel services
    ``(a) The Secretary of Defense may acquire official and unofficial 
travel services under a single procurement, provided that such 
procurement is conducted in accordance with the requirements of chapter 
137 of this title.
    ``(b) Contracts entered into pursuant to a procurement for official 
and unofficial travel services under subsection (a) may provide for 
credits, discounts, or the payment of commissions or other fees based 
on the amount of travel-related sales generated by such services. Any 
such commissions or fees received by the Department of Defense 
resulting from official travel-related sales shall be credited to 
current appropriations or other funds available to fund such travel. 
Any such commissions or fees resulting from unofficial travel-related 
sales shall be deposited in nonappropriated fund accounts available for 
the Department's morale, welfare and recreation programs.
    ``(c) For purposes of this section:
            ``(1) The terms `official travel services' and `official 
        travel-related sales' refer to official travel performed at 
        government expense.
            ``(2) The terms `unofficial travel services' and 
        `unofficial travel-related sales'' refer to personal travel, 
        which is not paid for or reimbursed by the Government.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 147 of title 10, United States Code, is amended by adding at 
the end the following new item:

``2490b. Acquisition of travel services.''.

                    TITLE IV--PROCUREMENT PROVISIONS

SEC. 401. AUTHORITY FOR STATISTICAL SAMPLING TO ENSURE RECEIPT OF GOODS 
              AND SERVICES.

    (a) In General.--Chapter 141 of title 10, United States Code, is 
amended by inserting after section 2405 the following new section 2406:
``Sec. 2406. Statistical sampling procedures in the payment for goods 
              and services before verification
    ``(a) Verification After Payment.--Notwithstanding section 3324 of 
title 31, in making payments for goods or services, the Secretary may 
prescribe regulations that authorize verification, after payment, of 
receipt and acceptance of goods and services. Any such regulations 
shall prescribe the use of statistical sampling procedures for 
verification and acceptance purposes. Such procedures shall be 
commensurate with risk of loss to the Government.
    ``(b) Protection of Payment Officials.--Provided that proper 
collection actions have been executed, a disbursing or certifying 
official, who relies on the procedures established pursuant to this 
section, is not liable for losses to the Government resulting from the 
payment or certification of a voucher not audited specifically because 
of the use of such procedures.''.
    (b) Clerical Amendment.--The table of sections for such Chapter 141 
is amended by inserting after the item relating to section 2405 the 
following:

``2406. Statistical sampling procedures in the payment for goods and 
                            services before verification.''.

SEC. 402. AUTHORIZATION FOR CONTRACTOR PARTICIPATION IN TESTING DEFENSE 
              ACQUISITION PROGRAMS.

    Section 2399 of title 10, United States Code, is amended--
            (1) by amending paragraph (a)(1) to read as follows:
            ``(1) The Secretary of Defense shall provide that a major 
        system may not proceed beyond low-rate initial production until 
        initial operational test and evaluation of the system is 
        complete.'';
            (2) in paragraph (a)(2), by striking ``defense acquisition 
        program'' and inserting in lieu thereof ``system'';
            (3) in subsection (d)--
                    (A) by inserting ``(1)'' at the beginning of the 
                first sentence;
                    (B) by striking ``defense acquisition program'' and 
                inserting in lieu thereof ``system'';
                    (C) by making the second sentence a paragraph and 
                inserting ``(2)'' at the beginning of such new 
                paragraph;
                    (D) in the newly designated paragraph (2), by 
                striking ``the preceding sentence'' and inserting in 
                lieu thereof ``paragraph (1)''; and
                    (E) by adding at the end the following new 
                paragraphs (3) and (4):
            ``(3) The limitation in paragraph (1) does not apply to the 
        extent that the Secretary of Defense has authorized, as 
        prescribed in regulation, involvement by persons employed by 
        that contractor in the analytic and logistic support for the 
        operational test and evaluation.
            ``(4) Exceptions authorized under paragraphs (2) and (3) 
        shall require steps to ensure the impartiality of such 
        employees and the integrity of the testing and evaluation. In 
        any case in which the Secretary authorizes involvement by such 
        employees under this subsection, the Secretary shall include in 
        the test and evaluation master plan for the program concerned 
and the operational test and evaluation plan the following:
                    ``(A) An identification of the specific involvement 
                of such employees in the operational test and 
                evaluation.
                    ``(B) The steps taken to ensure the impartiality of 
                such employees or to ensure that such employees could 
                not affect the integrity of the test and evaluation.'';
            (4) in subsection (e)--
                    (A) by striking ``development, production, or 
                testing of such system'' and inserting in lieu thereof 
                ``development or production''; and
                    (B) by amending paragraph (3) to read as follows:
                    ``(3) A contractor that has participated in (or is 
                participating in) the development or production of a 
                system for a military department or Defense Agency (or 
                for another contractor of the Department of Defense) 
                may not be involved (in any way) in the establishment 
                of operational test and evaluation criteria:
                    ``(A) for data collection;
                    ``(B) for performance assessment; or
                    ``(C) for evaluation activities.''.

SEC. 403. USE OF NEGOTIATED SALES IN THE DISPOSAL OF PROPERTY.

    Section 203(e) of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 484(e) is amended--
            (1) by revisng paragraph (3) to read as follows:
            ``(3) Disposals and contracts for disposal may be 
        negotiated, under regulations prescribed by the Administrator, 
        without regard to paragraphs (1) and (2) of this subsection but 
        subject to obtaining such competition as is feasible under the 
        circumstances, if--
                    ``(A) necessary in the public interest during a 
                period of national emergency declared by the President 
                or the Congress;
                    ``(B) the public health, safety or national 
                security will thereby be promoted by a particular 
                disposal of personal property;
                    ``(C) public exigency will not admit of the delay 
                incident to advertising certain personal property.'';
                    ``(D) the nature and quantity of the personal 
                property is such that disposal under paragraphs (1) and 
                (2) of this section would cause such an impact on an 
                industry or industries as adversely to affect the 
                national economy;
                    ``(E) bid prices after advertising therefore are 
                not reasonable (either as to all or some part of the 
                property) or have not been independently arrived at in 
                open competition;
                    ``(F) with respect to real property only, the 
                character or condition of the property or unusual 
                circumstances make it impractical to advertise publicly 
                for competitive bids and the fair market value of the 
                property and other satisfactory terms of disposal can 
                be obtained by negotiation;
                    ``(G) the disposal will be to States, Territories, 
                possessions, political subdivisions thereof, or tax-
                supported agencies therein, and the estimated fair 
                market value of the property and other satisfactory 
                terms of disposal are obtained by negotiation;
                    ``(H) with respect to personal property, the sale 
                would be advantageous to the Government, based on 
                either price alone or price and other factors, 
                including the administrative cost of the sale, as 
                appropriate; or
                    ``(I) the disposal is otherwise authorized by this 
                Act or other law.'';
            (2) by striking clause (6)(A)(i); and
            (3) by redesignating clauses (6)(A)(ii) through (v) as 
        clauses (i) through (iv), respectively.

SEC. 404. REPEAL OF CONTRACT FEE LIMITATIONS.

    (a) Kinds of Contracts.--Section 2306 of title 10, United States 
Code, is amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsections (e), (f), (g), and (h) as 
        subsections (c), (d), (e), and (f), respectively.
    (b) Architectural and Engineering Services.--Section 4540 of such 
title 10 is amended--
            (1) by striking subsection (b); and
            (2) by redesignating subsection (c) as subsection (b).
    (c) Employment of Outside Architects and Engineers.--Section 7212 
of such title 10 is amended--
            (1) by striking subsection (b); and
            (2) by striking the designator ``(a)'' at the beginning of 
        the section.
    (d) Architectural and Engineering Services.--Section 9540 of such 
title 10 is amended--
            (1) by striking subsection (b); and
            (2) by redesignating subsection (c) as subsection (b).

SEC. 405. CLARIFICATION THAT THE FEDERAL PROPERTY AND ADMINISTRATIVE 
              SERVICES ACT OF 1949 DOES NOT APPLY TO LEASES IN BRAC 
              PROPERTIES.

    Section 2667(f)(1) of title 10, United States Code, is amended by 
inserting ``or the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.), to the extent inconsistent with this 
section,'' after ``Notwithstanding subsection (a)(3)''.

                  TITLE V--OPERATIONS--USE OF RESERVES

SEC. 501. RESERVE COMPONENT PREPAREDNESS FOR EMERGENCIES INVOLVING 
              WEAPONS OF MASS DESTRUCTION; EXCLUSION FROM LIMITATIONS 
              ON END-STRENGTHS AND CONTROLLED GRADES.

    (a) End Strengths Exclusion.--Section 115(d) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph (8):
            ``(8) Members of reserve components on active duty and 
        members of the National Guard on full-time National Guard duty 
        to participate in emergency preparedness programs to respond to 
        an emergency involving the use of a weapon of mass destruction 
        (defined in section 1402 of the Defense Against Weapons of Mass 
        Destruction Act of 1996 (Public Law 104-201; 110 Stat. 2717; 50 
        U.S.C. 2302(1)).''.
    (b) Officer Controlled Grades.--Section 12011 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection (c):
    ``(c) Members of reserve components on active duty and members of 
the National Guard on full-time National Guard duty to participate in 
emergency preparedness programs to respond to an emergency involving 
the use of a weapon of mass destruction (defined in section 1402 of the 
Defense Against Weapons of Mass Destruction Act of 1996 (Public Law 
104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)) shall not be counted 
towards the annual end-strength authorized under this section.''.
    (c) Enlisted Controlled Grades.--Section 12012 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection (c):
    ``(c) Members of reserve components on active duty and members of 
the National Guard on full-time National Guard duty to participate in 
emergency preparedness programs to respond to an emergency involving 
the use of a weapon of mass destruction (defined in section 1402 of the 
Defense Against Weapons of Mass Destruction Act of 1996 (Public Law 
104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)) shall not be counted 
towards the annual end-strength authorized under this section.''.

SEC. 502. ACTIVE GUARD AND RESERVE PERSONNEL IN SUPPORT OF EMERGENCY 
              PREPAREDNESS PROGRAMS FOR WEAPONS OF MASS DESTRUCTION.

    Section 12310 of title 10, United States Code, is amended by adding 
at the end the following:
    ``(c) Notwithstanding the definition of active guard and reserve 
duty in section 101(d)(6)(A) of this title, a member of a reserve 
component on active duty as described in subsection (a), or a member of 
the National Guard serving on full-time National Guard duty under 
section 502(f) of title 32, United States Code, for duty like that 
described in subsection (a) may perform any duties in support of 
emergency preparedness programs to prepare for or to respond to any 
emergency involving the use of a weapon of mass destruction (defined in 
section 1402 of the Defense Against Weapons of Mass Destruction Act of 
1996 (Public Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)). The costs 
of pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for a member performing such duties shall be paid from 
the same appropriation available to pay such costs for other members 
performing duties under subsection (a).''.

SEC. 503. ORDER TO ACTIVE DUTY OF RESERVE COMPONENTS; EXTENSION OF 
              PERIOD.

    Section 12301(b) of title 10, United States Code, is amended by 
inserting ``, except that a unit or member may also be ordered to 
active duty under this section for an additional 15 days a year 
provided such duty is for the purpose of assisting in responding to an 
emergency involving a weapon of mass destruction as defined in section 
1402 of the Defense Against Weapons of Mass Destruction Act of 1996 
(Public Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)'' after ``15 
days a year''.

              TITLE VI--INTELLIGENCE PERSONNEL MANAGEMENT

SEC. 601. DEPARTMENT OF DEFENSE CIVILIAN INTELLIGENCE PERSONNEL SYSTEM 
              CHANGES.

    (a) Authority for DOD Intelligence Positions.--Section 1601(a)(1) 
of such title 10 is amended to read as follows:
            ``(1) establish, as positions in the excepted service, such 
        defense intelligence positions in the Department of Defense as 
        the Secretary of Defense determines necessary to carry out the 
        intelligence functions of the Department including--
                    ``(A) Intelligence Senior Level positions 
                designated under section 1607 of this title; and
                    ``(B) positions in the Defense Intelligence Senior 
                Executive Service;''.
    (b) Conforming Definition for Defense Intelligence Position.--
Subsection 1614 of such title 10 is amended to read as follows:
            ``(1) The term `defense intelligence position' means a 
        civilian position as an intelligence officer or intelligence 
        employee of the Department of Defense.''.

SEC. 602. TRANSFER OF EMPLOYEES FROM THE DEFENSE CIVILIAN INTELLIGENCE 
              PERSONNEL SYSTEM TO THE COMPETITIVE SERVICE.

    Section 1601 of title 10, United States Code, is amended--
            (1) by redesignating subsection (b) as subsection (c), and
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Relationship to Title 5 Service.--(1) The Secretary, upon 
disestablishing a defense intelligence position established for at 
least one year under subsection (a), may reestablish that position as a 
position under title 5 in the competitive service, excepted service, or 
Senior Executive Service, as appropriate.
    ``(2) If a position established under subsection (a) is 
reestablished by the Secretary as a position under title 5, the 
incumbent of such position may be transferred noncompetitively without 
a break in service or loss of pay or rank into a competitive service, 
excepted service, or Senior Executive Service position, as appropriate.
    ``(3) In the case of a position reestablished under paragraph (1) 
in the competitive service, the incumbent's service in such defense 
intelligence position established under this title shall be treated as 
creditable service for purposes of determining the career status of the 
incumbent, as if the incumbent had served in a competitive service 
position.''; and
    (3) in subsection (c), as redesignated by this section, by striking 
``under subsection (a)'' and inserting in lieu thereof ``under this 
section''.

      TITLE VII--DEFENSE BASE CLOSURE AND REALIGNMENT ACT OF 1998

SEC. 701. SHORT TITLE AND PURPOSE.

    (a) Short Title.--This part may be cited as the ``Defense Base 
Closure and Realignment Act of 1998''.
    (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. 702. 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 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 March 15, 2001, in the case of members 
        of the Commission whose terms will expire at the end of the 
        first session of the 107th Congress; and
            (ii) by no later than March 15, 2005, in the case of 
        members of the Commission whose terms will expire at the end of 
the first session of the 109th Congress;
    (C) If the President does not transmit to Congress the nominations 
for appointment to the Commission on or before the date specified for 
2005 in clause (ii) of subparagraph (B), 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 2001 and 2005.
    (2)(A) Each meeting of the Commission, other than meetings in which 
classified information is to be discussed, shall be open to public. The 
Commission shall provide an opportunity for the public to comment, and 
shall consider any such comments.
    (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 of the Senate Committee on Armed 
        Services, or such other members of the Subcommittee designated 
        by such Chairman or ranking minority party member.
            (ii) The Chairman and the ranking minority party member of 
        the Subcommittee on Military Installations and Facilities of 
        the Committee on National Security of the House of 
        Representatives, 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 
senior-level positions of the civil service as described in section 
5376 of title 5, United States Code.
    (3)(A) Not more than one-third of the personnel employed by or 
detailed to the Commission may be on detail from the Department of 
Defense.
    (B)(i) Not more than one-fifth of the professional analysts of the 
Commission staff may be persons detailed from the Department of Defense 
to the Commission.
    (ii) No person detailed from the Department of Defense to the 
Commission may be assigned as the lead professional analyst with 
respect to a military department or defense agency.
    (C) A person may not be detailed from the Department of Defense to 
the Commission if, within 12 months before the detail is to begin, that 
person participated personally and substantially in any matter within 
the Department of Defense concerning the preparation of recommendations 
for closures or realignments of military installations.
    (D) No member of the Armed Forces, and no officer or employee of 
the Department of Defense, may--
            (i) prepare any report concerning the effectiveness, 
        fitness, or efficiency of the performance on the staff of the 
        Commission of any person detailed from the Department of 
        Defense to that staff;
            (ii) review the preparation of such a report; or
            (iii) approve or disapprove such a report.
    (4) Upon request of the Director, the head of any Federal 
department or agency may detail any of the personnel of that department 
or agency to the Commission to assist the Commission in carrying out 
its duties under this part.
    (5) The Comptroller General of the United States shall provide 
assistance, including the detailing of employees, to the Commission in 
accordance with an agreement entered into with the Commission.
    (6) The following restrictions relating to the personnel of the 
Commission shall apply during 2002 through 2004:
            (A) There may not be more than 15 persons on the staff at 
        any one time.
            (B) The staff may perform only such functions as are 
        necessary to prepare for the transition to new membership on 
        the Commission in the following year.
            (C) No member of the Armed Forces and no employee of the 
        Department of Defense may serve on the staff.
    (j) Other Authority.--(1) The Commission may procure by contract, 
to the extent funds are available, the temporary or intermittent 
services of experts or consultants pursuant to section 3109 of title 5, 
United States Code.
    (2) The Commission may lease space and acquire personal property to 
the extent funds are available.
    (k) Funding.--(1) There are authorized to be appropriated to the 
Commission such funds as are necessary to carry out its duties under 
this part. Such funds shall remain available until expended.
    (2) If no funds are appropriated to the Commission by the 105th 
Congress, the Secretary of Defense may transfer to the Commission funds 
from the Department of Defense Base Closure Account established by 
section 2906 of Public Law 101-510. Such funds shall remain available 
until expended.
    (l) Termination.--The Commission shall terminate on December 31, 
2005.
    (m) Prohibition Against Restricting Communications.--Section 1034 
of title 10, United States Code, shall apply with respect to 
communications with the Commission.

SEC. 703. PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE CLOSURES AND 
              REALIGNMENTS.

    (a) Force-Structure Plan.--(1) As part of the budget justification 
documents submitted to Congress in support of the budget for the 
Department of Defense for each of the fiscal years 2002 and 2006, the 
Secretary shall include a force-structure plan for each military 
department based on an assessment by the Secretary of the probable 
threats to the national security during the six-year period beginning 
with the fiscal year for which the budget request is made and of the 
anticipated levels of funding that will be available for national 
defense purposes during such period.
    (2) Such plan shall include, without any reference (directly or 
indirectly) to military installations inside the United States that may 
be closed or realigned under such plan--
            (A) a description of the assessment referred to in 
        paragraph (1);
            (B) a description (i) of the anticipated force structure 
        during and at the end of such period for each military 
        department (with specifications of the number and type of units 
        in the active and reserve forces of each such department), and 
        (ii) of the units that will need to be forward based (with a 
        justification thereof) during and at the end of each such 
        period; and
            (C) a description of the anticipated implementation of such 
        force-structure plan.
    (3) The Secretary shall also transmit a copy of each such force-
structure plan to the Commission.
    (b) Selection Criteria.--(1) The Secretary shall, by no later than 
February 29, 2000, publish in the Federal Register and transmit to the 
congressional defense committees the criteria proposed to be used by 
the Department of Defense in making recommendations for the closure or 
realignment of military installations inside the United States under 
this part. The Secretary shall provide an opportunity for public 
comment on the proposed criteria for a period of at least 30 days and 
shall include notice of that opportunity in the publication required 
under the preceding sentence.
    (2)(A) The Secretary shall, by no later than April 14, 2000, 
publish in the Federal Register and transmit to the congressional 
defense committees the final criteria to be used in making 
recommendations for the closure or realignment of military 
installations inside the United States under this part. Except as 
provided in subparagraph (B), such criteria shall be the final criteria 
to be used, making such recommendations unless disapproved by a joint 
resolution of Congress enacted on or before May 31, 2000.
    (B) The Secretary may amend such criteria, but such amendments may 
not become effective until they have been published in the Federal 
Register, opened to public comment for at least 30 days, and then 
transmitted to the congressional defense committees in final form by no 
later than January 15 of the year concerned. Such amended criteria 
shall be the final criteria to be used, along with the force-structure 
plan referred to in subsection (a), in making such recommendations 
unless disapproved by a joint resolution of Congress enacted on or 
before February 15 of the year concerned.
    (c) Secretary of Defense Recommendations.--(1) The Secretary may, 
by no later than May 15, 2001, and May 16, 2005, publish in the Federal 
Register and transmit to the congressional defense committees and to 
the Commission a list of the military installations inside the United 
States that the Secretary recommends for closure or realignment on the 
basis of the force-structure plan and the final criteria referred to in 
subsection (b) that are applicable to the year concerned.
    (2) The Secretary shall include, with the list of recommendations 
published and transmitted pursuant to paragraph (1), a summary of the 
selection process that resulted in the recommendation for each 
installation, including a justification for each recommendation and an 
evaluation discussing each of the final selection criteria established 
pursuant to section 703(b). The Secretary shall transmit the matters 
referred to in the preceding sentence not later than 7 days after the 
date of the transmittal to the congressional defense committees and the 
Commission of the list referred to in paragraph (1).
    (3)(A) In considering military installations for closure or 
realignment, the Secretary shall consider all military installations 
inside the United States equally without regard to whether the 
installation has been previously considered or proposed for closure or 
realignment by the Department.
    (B) In considering military installations for closure or 
realignment, the Secretary may not take into account for any purpose 
any advance conversion planning undertaken by an affected community 
with respect to the anticipated closure or realignment of an 
installation.
    (C) For purposes of subparagraph (B), in the case of a community 
anticipating the economic effects of a closure or realignment of a 
military installation, advance conversion planning--
            (i) shall include community adjustment and economic 
        diversification planning undertaken by the community before an 
        anticipated selection of a military installation in or near the 
        community for closure or realignment; and
            (ii) may include the development of contingency 
        redevelopment plans, plans for economic development and 
        diversification, and plans for the joint use (including 
        civilian and military use, public and private use, civilian 
        dual use, and civilian shared use) of the property or 
        facilities of the installation after the anticipated closure or 
        realignment.
    (4) In addition to making all information used by the Secretary to 
prepare the recommendations under this subsection available to Congress 
(including any committee or member of Congress), the Secretary shall 
also make such information available to the Commission and the 
Comptroller General of the United States.
    (5)(A) Each person referred to in subparagraph (B), when submitting 
information to the Secretary of Defense or the Commission concerning 
the closure or realignment of a military installation, shall certify 
that such information is accurate and complete to the best of 
that person's knowledge and belief.
    (B) Subparagraph (A) applies to the following persons:
            (i) The Secretaries of the military departments.
            (ii) The heads of the Defense Agencies.
            (iii) Each person who is in a position the duties of which 
        include personal and substantial involvement in the preparation 
        and submission of information and recommendations concerning 
        the closure or realignment of military installations, as 
        designated in regulations which the Secretary of Defense shall 
        prescribe, regulations which the Secretary of each military 
        department shall prescribe for personnel within that military 
        department, or regulations which the head of each Defense 
        Agency shall prescribe for personnel within that Defense 
        Agency.
    (6) Any information provided to the Commission by a person 
described in paragraph (5)(B) shall also be submitted to the Senate and 
the House of Representatives to be made available to the Members of the 
House concerned in accordance with the rules of that House. The 
information shall be submitted to the Senate and House of 
Representatives within 48 hours after the submission of the information 
to the Commission.
    (d) Review and Recommendations by the Commission.--(1) After 
receiving the recommendations from the Secretary pursuant to subsection 
(c) for any year, the Commission shall conduct public hearings on the 
recommendations. All testimony before the Commission at a public 
hearing conducted under this paragraph shall be presented under oath.
    (2)(A) The Commission shall, by no later than September 6 of each 
year in which the Secretary transmits recommendations to it pursuant to 
subsection (c), transmit to the President a report containing the 
Commission's findings and conclusions based on a review and analysis of 
the recommendations made by the Secretary, together with the 
Commission's recommendations for closures and realignments of military 
installations inside the United States.
    (B) Subject to subparagraph (C), in making its recommendations, the 
Commission may make changes in any of the recommendations made by the 
Secretary if the Commission determines that the Secretary deviated 
substantially from the force-structure plan and final criteria referred 
to in subsection (c)(1) in making recommendations.
    (C) In the case of a change described in subparagraph (D) in the 
recommendations made by the Secretary, the Commission may make the 
change only if the Commission--
            (i) makes the determination required by subparagraph (B);
            (ii) determines that the change is consistent with the 
        force-structure plan and final criteria referred to in 
        subsection (c)(1);
            (iii) publishes a notice of the proposed change in the 
        Federal Register not less than 45 days before transmitting its 
        recommendations to the President pursuant to paragraph (2); and
            (iv) conducts public hearings on the proposed change.
    (D) Subparagraph (C) shall apply to a change by the Commission in 
the Secretary's recommendations that would--
            (i) add a military installation to the list of military 
        installations recommended by the Secretary for closure;
            (ii) add a military installation to the list of military 
        installations recommended by the Secretary for realignment; or
            (iii) increase the extent of a realignment of a particular 
        military installation recommended by the Secretary.
    (E) In making recommendations under this paragraph, the Commission 
may not take into account for any purpose any advance conversion 
planning undertaken by an affected community with respect to the 
anticipated closure or realignment of a military installation.
    (3) The Commission shall explain and justify in its report 
submitted to the President pursuant to paragraph (2) any 
recommendations made by the Commission that is different from the 
recommendations made by the Secretary pursuant to subsection (c). The 
Commission shall transmit a copy of such report to the congressional 
defense committees on the same date on which it transmits its 
recommendations to the President under paragraph (2).
    (4) After September 6 of each year in which the Commission 
transmits recommendations to the President under this subsection: the 
Commission shall promptly provide, upon request, to any Member of 
Congress information used by the Commission in making its 
recommendations.
    (5) The Comptroller General of the United States shall--
            (A) assist the Commission, to the extent requested, in the 
        Commission's review and analysis of the recommendations made by 
        the Secretary pursuant to subsection (C); and
            (B) by no later than June 15 of each year in which the 
        Secretary makes such recommendations, transmit to the Congress 
        and to the Commission a report containing a detailed analysis 
        of the Secretary's recommendations and selection process.
    (e) Review by the President.--(1) The President shall, by no later 
than September 21 of each year in which the Commission makes 
recommendations under subsection (d), transmit to the Commission and to 
the Congress a report containing the President's approval or 
disapproval of the Commission's recommendations.
    (2) If the President approves all the recommendations of the 
Commission, the President shall transmit a copy of such recommendations 
to the Congress, together with a certification of such approval.
    (3) If the President disapproves the recommendations of the 
Commission, in whole or in part, the President shall transmit to the 
Commission and the Congress the reasons for that disapproval. The 
Commission shall then transmit to the President, by no later than 
October 24 of the year concerned, a revised list of recommendations for 
the closure and realignment of military installations.
    (4) If the President approves all of the revised recommendations of 
the Commission transmitted to the President under paragraph (3), the 
President shall transmit a copy of such revised recommendations to the 
Congress, together with a certification of such approval.
    (5) If the President does not transmit to the Congress an approval 
and certification described in paragraph (2) or (4) by November 7 of 
any year in which the Commission has transmitted recommendations to the 
President under this part, the process by which military installations 
may be selected for closure or realignment under this part with respect 
to that year shall be terminated.

SEC. 704. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS.

    (a) In General.--Subject to subsection (b), the Secretary shall--
            (1) close all military installations recommended for 
        closure by the Commission in each report transmitted to the 
        Congress by the President pursuant to section 703(e);
            (2) realign all military installations recommended for 
        realignment by such Commission in each such report;
            (3) initiate all such closures and realignments no later 
        than two years after the date on which the President transmits 
        a report to the Congress pursuant to section 703(e) containing 
        the recommendations for such closures or realignments; and
            (4) complete all such closures and realignments no later 
        than the end of the six-year period beginning on the date on 
which the President transmits the report pursuant to section 703(e) 
containing the recommendations for such closures or realignments.
    (b) Congressional Disapproval.--(1) The Secretary may not carry out 
any closure or realignment recommended by the Commission in a report 
transmitted from the President pursuant to section 703(e) if a joint 
resolution is enacted, in accordance with the provisions of section 
708, disapproving such recommendations of the Commission before the 
earlier of--
            (A) the end of the 45-day period beginning on the date on 
        which the President transmits such report; or
            (B) the adjournment of Congress sine die for the session 
        during which such report is transmitted.
    (2) For purposes of paragraph (1) of this subsection and 
subsections (a) and (c) of section 708, the days on which either House 
of Congress is not in session because of adjournment of more than three 
days to a day certain shall be excluded in the computation of a period.

SEC. 705. IMPLEMENTATION

    (a) In General.--(1) In closing or realigning any military 
installation under this part, the Secretary may--
            (A) take such actions as may be necessary to close or 
        realign any military installation, including the acquisition of 
        such land, the construction of such replacement facilities, the 
        performance of such activities, and the conduct of such advance 
        planning and design as may be required to transfer functions 
        from a military installation being closed or realigned to 
        another military installation, and may use for such purpose 
        funds in the Account or funds appropriated to the Department of 
        Defense for use in planning and design, minor construction, or 
        operation and maintenance;
            (B) provide--
                    (i) economic adjustment assistance to any community 
                located near a military installation being closed or 
                realigned, and
                    (ii) community planning assistance to any community 
                located near a military installation to which functions 
                will be transferred as a result of the closure or 
                realignment of a military installation,
        if the Secretary of Defense determines that the financial 
        resources available to the community (by grant or otherwise) 
        for such purposes are inadequate, and may use for such purposes 
        funds in the Account or funds appropriated to the Department of 
        Defense for economic adjustment assistance or community 
        planning assistance;
            (C) carry out activities for the purposes of environmental 
        restoration and mitigation at any such installation, and shall 
        use for such purposes funds in the Account.
            (D) provide outplacement assistance to civilian employees 
        employed by the Department of Defense at military installations 
        being closed or realigned, and may use for such purpose funds 
        in the Account or funds appropriated to the Department of 
        Defense for outplacement assistance to employees; and
            (E) reimburse other Federal agencies for actions performed 
        at the request of the Secretary with respect to any such 
        closure or realignment, and may use for such purpose funds in 
        the Account or funds appropriated to the Department of Defense 
        and available for such purpose.
    (2) In carrying out any closure or realignment under this part, the 
Secretary shall ensure that environmental restoration of any property 
made excess to the needs of the Department of Defense as a result of 
such closure or realignment be carried out as soon as possible with 
funds available for such purpose.
    (b) Management and Disposal of Property.--(1) The Administrator of 
General Services shall delegate to the Secretary of Defense, with 
respect to excess and surplus real property, facilities, and personal 
property located at a military installation closed or realigned under 
this part--
            (A) the authority of the Administrator to utilize excess 
        property under section 202 of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 483);
            (B) the authority of the Administrator to dispose of 
        surplus property under section 203 of that Act (40 U.S.C. 484);
            (C) the authority to dispose of surplus property for public 
        airports under sections 47151 through 47153 of title 49, United 
        States Code; and
            (D) the authority of the Administrator to determine the 
        availability of excess or surplus real property for wildlife 
        conservation purposes in accordance with the Act of May 19, 
        1948 (16 U.S.C. 667b).
    (2)(A) Subject to subparagraph (B) and paragraphs (3), (4), (5), 
and (6), the Secretary of Defense shall exercise the authority 
delegated to the Secretary pursuant to paragraph (1) in accordance 
with--
            (i) all regulations governing the utilization of excess 
        property and the disposal of surplus property under the Federal 
        Property and Administrative Services Act of 1949; and
            (ii) all regulations governing the conveyance and disposal 
        of property under section 13(g) of the Surplus Property Act of 
        1944 (50 U.S.C. App. 1622(g)).
    (B) The Secretary may, with the concurrence of the Administrator of 
General Services--
            (i) prescribe general policies and methods for utilizing 
        excess property and disposal of surplus property pursuant to 
        the authority delegated under paragraph (1); and
            (ii) issue regulations relating to such policies and 
        methods, which shall supersede the regulations referred to in 
        subparagraph (A) with respect to that authority.
    (C) The Secretary of Defense may transfer real property or 
facilities located at a military installation to be closed or realigned 
under this part, with or without reimbursement, to a military 
department or other entity (including a nonappropriated fund 
instrumentality) within the Department of Defense or the Coast Guard.
    (D) Before any action may be taken with respect to the disposal of 
any surplus real property or facility located at any military 
installation to be closed or realigned under this part, the Secretary 
of Defense shall consult with the Governor of the State and the heads 
of the local governments concerned for the purpose of considering any 
plan for the use of such property by the local community concerned.
    (3)(A) Not later than 6 months after the date of approval of the 
closure or realignment of a military installation under this part, the 
Secretary, in consultation with the redevelopment authority with 
respect to the installation, shall--
            (i) inventory the personal property located at the 
        installation; and
            (ii) identify the items (or categories of items) of such 
        personal property that the Secretary determines to be related 
        to real property and anticipates will support the 
        implementation of the redevelopment plan with respect to the 
        installation.
    (B) If no redevelopment authority referred to in subparagraph (A) 
exists with respect to an installation, the Secretary shall consult 
with--
            (i) the local government in whose jurisdiction the 
        installation is wholly located; or
            (ii) a local government agency or State government agency 
        designated for the purpose of such consultation by the chief 
        executive officer of the State in which the installation is 
        located.
    (C)(i) Except as provided in subparagraphs (E) and (F), the 
Secretary may not carry out any of the activities referred to in clause 
(ii) with respect to an installation referred to in that clause until 
the earlier of--
            (I) one week after the date on which the redevelopment plan 
        for the installation is submitted to the Secretary;
            (II) the date on which the redevelopment authority notifies 
        the Secretary that it will not submit such a plan;
            (III) twenty-four months after the date of approval of the 
        closure or realignment of the installation; or
            (IV) ninety days before the date of the closure or 
        realignment of the installation.
    (ii) The activities referred to in clause (i) are activities 
relating to the closure or realignment of an installation to be closed 
or realigned under this part as follows:
            (I) The transfer from the installation of items of personal 
        property at the installation identified in accordance with 
        subparagraph (A).
            (II) The reduction in maintenance and repair of facilities 
        or equipment located at the installation below the minimum 
        levels required to support the use of such facilities or 
        equipment for nonmilitary purposes.
    (D) Except as provided in paragraph (4), the Secretary may not 
transfer items of personal property located at an installation to be 
closed or realigned under this part to another installation, or dispose 
of such items, if such items are identified in the redevelopment plan 
for 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 development of the installation.
    (E) This paragraph shall not apply to any personal property located 
at an installation to be closed or realigned under this part if the 
property--
            (i) is required for the operation of a unit, function, 
        component, weapon, or weapons system at another installation;
            (ii) is uniquely military in character, and is likely to 
        have no civilian use (other than use for its material content 
        or as a source of commonly used components);
            (iii) is not required for the reutilization or 
        redevelopment of the installation (as jointly determined by the 
        Secretary and the redevelopment authority);
            (iv) is stored at the installation for purposes of 
        distribution (including spare parts or stock items); or
            (v)(I) meets known requirements of an authorized program of 
        another Federal department or agency for which expenditures for 
        similar property would be necessary, and (II) is the subject of 
        a written request by the head of the department or agency.
    (F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may 
carry out any activity referred to in subparagraph (C)(ii) or (D) if 
the Secretary determines that the carrying out of such activity is in 
the national security interest of the United States.
    (4)(A) The Secretary may transfer real property and personal 
property located at a military installation to be closed or realigned 
under this part to the redevelopment authority with respect to the 
installation.
    (B)(i)(I) Except as provided in clause (ii), the transfer of 
property under subparagraph (A) may be for consideration at or below 
the estimated fair market value of the property transferred or without 
consideration. Such consideration may include consideration in kind 
(including goods and services), real property and improvements, or such 
other consideration as the Secretary considers appropriate. The 
Secretary shall determine the estimated fair market value of the 
property to be transferred under this subparagraph before carrying out 
such transfer.
    (II) The Secretary shall prescribe regulations that set forth 
guidelines for determining the amount, if any, of consideration 
required for a transfer under this paragraph. Such regulations, shall 
include a requirement that, in the case of each transfer under this 
paragraph for consideration below the estimated fair market value of 
the property transferred, the Secretary provide an explanation why the 
transfer is not for the estimated fair market value of the property 
transferred (including an explanation why the transfer cannot be 
carried out in accordance with the authority provided to the Secretary 
pursuant to paragraph (1) or (2)).
    (ii) The transfer of property under subparagraph (A)) shall be 
without consideration in the case of any installation located in a 
rural area whose closure or realignment under this part will have a 
substantial adverse impact (as determined by the Secretary) on the 
economy of the communities in the vicinity of the installation and on 
the prospect for the economic recovery of such communities from such 
closure or realignment. The Secretary shall prescribe in the 
regulations under clause (i)(II) the manner of determining whether 
communities are eligible for the transfer of property under this 
clause.
    (iii) In the case of a transfer under subparagraph (A) for 
consideration below the fair market value of the property transferred, 
the Secretary may recoup from the transferee of such property such 
portion as the Secretary determines appropriate of the amount, if any, 
by which the sale or lease of such property by such transferee exceeds 
the amount of consideration paid to the Secretary for such property by 
such transferee. The Secretary shall prescribe regulations for 
determining the amount of recoupment under this clause.
    (C)(i) The Secretary may transfer real property at an installation 
approved for closure or realignment under this part (including property 
at an installation approved for realignment which will be retained by 
the Department of Defense or another Federal agency after realignment) 
to the redevelopment authority for the installation if the 
redevelopment authority agrees to lease, directly upon transfer, one or 
more portions of the property transferred under this subparagraph to 
the Secretary or to the head of another department or agency of the 
Federal Government. Subparagraph (B) shall apply to a transfer under 
this subparagraph.
    (ii) A lease under clause (i) shall be for a term of not to exceed 
50 years, but may provide for options for renewal or extension of the 
term by the department or agency concerned.
    (iii) A lease under clause (i) may not require rental payments by 
the United States.
    (iv) A lease under clause (i) shall include a provision specifying 
that if the department or agency concerned ceases requiring the use of 
the leased property before the expiration of the term of the lease, the 
remainder of the lease term may be satisfied by the same or another 
department or agency of the Federal Government using the property for a 
use similar to the use under the lease. Exercise of the authority 
provided by this clause shall be made in consultation with the 
redevelopment authority concerned.
    (D)(i) The transfer of personal property under subparagraph (A) 
shall not be subject to the provisions of sections 202 and 203 of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
483, 484) if the Secretary determines that the transfer of such 
property is necessary for the effective implementation of a 
redevelopment plan with respect to the installation at which such 
property is located.
    (ii) The Secretary may, in lieu of the transfer of property 
referred to in subparagraph (A), transfer property similar to such 
property (including property not located at the installation) if the 
Secretary determines that the transfer of such similar property is in 
the interest of the United States.
    (E) 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.
    (F) 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 subparagraph (B), 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 or realigned under 
this part, or will accept transfer of any portion of such installation, 
are made not later than 6 months after the date of approval of closure 
or realignment of that installation.
    (B) The Secretary may, in consultation with the redevelopment 
authority with respect to an installation, postpone making the final 
determinations referred to in subparagraph (A) with respect to the 
installation for such period as the Secretary determines appropriate if 
the Secretary determines that such postponement is in the best 
interests of the communities affected by the closure or realignment of 
the installation.
    (6)(A) The disposal of buildings and property located at 
installations approved for closure or realignment under this part shall 
be carried out in accordance with this paragraph.
    (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 this 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 the 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 or realignment 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 the date of publication of such determination in a 
        newspaper of general circulation in the communities in the 
        vicinity of the installation, as required by section 
        705(b)(6)(D)(iii)(I); and
            (II) in the case of an installation for which a 
        redevelopment authority is not recognized as 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 and other requirements for 
        purposes of submitting notices of interest in a newspaper of 
        general circulation in the communities in the vicinity of the 
        installation concerned; and
            (II) notify the Secretary of Defense of the date.
    (E)(i) In submitting to a redevelopment authority under 
subparagraph (C) a notice of interest in the use of buildings or 
property at an installation to assist the homeless, a representative of 
the homeless shall submit the following:
            (I) A description of the homeless assistance program that 
        the representative proposes to carry out at the installation.
            (II) An assessment of the need for the program.
            (III) A description of the extent to which the program is 
        or will be coordinated with other homeless assistance programs 
        in the communities in the vicinity of the installation.
            (IV) A description of the buildings and property at the 
        installation that are necessary in order to carry out the 
        program.
            (V) A description of the financial plan, the organization, 
        and the organizational capacity of the representative to carry 
        out the program.
            (VI) An assessment of the time required in order to 
        commence carrying out the program.
    (ii) A redevelopment authority may not release to the public any 
information submitted to the redevelopment authority under clause 
(i)(V) without the consent of the representative of the homeless 
concerned unless such release is authorized under Federal law and under 
the law of the State and communities in which the installation 
concerned is located.
    (F)(i) The redevelopment authority for each installation covered by 
this paragraph shall prepare a redevelopment plan for the installation. 
The redevelopment authority shall, in preparing the plan, consider the 
interests in the use to assist the homeless of the buildings and 
property at the installation that are expressed in the notices 
submitted to the redevelopment authority under subparagraph (C).
    (ii)(I) In connection with a redevelopment plan for an 
installation, a redevelopment authority and representatives of the 
homeless shall prepare legally binding agreements that provide for the 
use to assist the homeless of buildings and property, resources, and 
assistance on or off the installation. The implementation of such 
agreements shall be contingent upon the decision regarding the disposal 
of the buildings and property covered by the agreements by the 
Secretary of Defense under subparagraph (K) or (L).
    (II) Agreements under this clause shall provide for the reversion 
to the redevelopment authority concerned, or to such other entity or 
entities as the agreements shall provide, of buildings and poverty that 
are made available under this paragraph for use to assist the homeless 
in the event that such buildings and property cease being used for that 
purpose.
    (iii) A redevelopment authority shall provide opportunity for 
public comment on a redevelopment plan before submission of the plan to 
the Secretary of Defense and the Secretary of Housing and Urban 
Development under subparagraph (G).
    (iv) A redevelopment authority shall complete preparation of a 
redevelopment plan for an installation and submit the plan under 
subparagraph (G) not later than 9 months after the date specified by 
the redevelopment authority for the installation under subparagraph 
(D).
    (G)(i) Upon completion of a redevelopment plan under subparagraph 
(F), a redevelopment authority shall submit an application containing 
the plan to the Secretary of Defense and to the Secretary of Housing 
and Urban Development.
    (ii) A redevelopment authority shall include in an application 
under clause (i) the following:
            (I) A copy of the redevelopment plan, including a summary 
        of any public comments on the plan received by the 
        redevelopment authority under subparagraph (F)(iii).
            (II) A copy of each notice of interest of use of buildings 
        and property to assist the homeless that was submitted to the 
        redevelopment authority under subparagraph (C), together with a 
        description of the manner, if any, in which the plan addresses 
        the interest expressed in each such notice and, if the plan 
        does not address such an interest, an explanation why the plan 
        does not address the interest.
            (III) A summary of the outreach undertaken by the 
        redevelopment authority under subparagraph (C)(iii)(II) in 
        preparing the plan.
            (IV) A statement identifying the representatives of the 
        homeless and the homeless assistance planning boards, if any, 
        with which the redevelopment authority consulted in preparing 
        the plan, and the results of such consultations.
            (V) An assessment of the manner in which the redevelopment 
        plan balances the expressed needs of the homeless and the need 
        of the communities in the vicinity of the installation for 
        economic redevelopment and other development.
            (VI) Copies of the agreements that the redevelopment 
        authority proposes to enter into under subparagraph (F)(ii).
    (H)(i) Not later than 60 days after receiving a redevelopment plan 
under subparagraph (G), the Secretary of Housing and Urban Development 
shall complete a review of the plan. The purpose of the review is to 
determine whether the plan, with respect to the expressed interest and 
requests of representatives of the homeless--
            (I) takes into consideration the size and nature of the 
        homeless population in the communities in the vicinity of the 
        installation, the availability of existing services in such 
        communities to meet the needs of the homeless in such 
        communities, and the suitability of the buildings and property 
        covered by the plan for the use and needs of the homeless in 
        such communities;
            (II) takes into consideration any economic impact of the 
        homeless assistance under the plan on the communities in the 
        vicinity of the installation;
            (III) balances in an appropriate manner the needs of the 
        communities in the vicinity of the installation for economic 
        redevelopment and other development with the needs of the 
        homeless in such communities;
            (IV) was developed in consultation with representatives of 
        the homeless and the homeless assistance planning boards, if 
        any, in the communities in the vicinity of the installation ; 
        and
            (V) specifies the manner in which buildings and property, 
        resources, and assistance on or off the installation will be 
        made available for homeless assistance purposes.
    (ii) It is the sense of Congress that the Secretary of Housing and 
Urban Development shall, in completing the review of a plan under this 
subparagraph, take into consideration and be receptive to the 
predominant views on the plan of the communities in the vicinity of the 
installation covered by the plan.
    (iii) The Secretary of Housing and Urban Development may engage in 
negotiations and consultations with a redevelopment authority before or 
during the course of a review under clause (i) with a view toward 
resolving any preliminary determination of the Secretary that a 
redevelopment plan does not meet a requirement set forth in that 
clause. The redevelopment authority may modify the redevelopment plan 
as a result of such negotiations and consultations.
    (iv) Upon completion of a review of a redevelopment plan under 
clause (i) the Secretary of Housing and Urban Development shall notify 
the Secretary of Defense and the redevelopment authority concerned of 
the determination of the Secretary of Housing and Urban Development 
under that clause.
    (v) If the Secretary of Housing and Urban Development determines as 
a result of such a review that a redevelopment plan does not meet the 
requirements set forth in clause (i), a notice under clause (iv) shall 
include--
            (I) an explanation of that determination; and
            (II) a statement of the actions that the redevelopment 
        authority must undertake in order to address that 
        determination.
    (I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a 
determination that a redevelopment plan does not meet a requirement set 
forth in subparagraph (H)(i), a redevelopment authority shall have the 
opportunity to--
            (I) revise the plan in order to address the determination; 
        and
            (II) submit the revised plan to the Secretary of Defense 
        and the Secretary of Housing and Urban Development.
    (ii) A redevelopment authority shall submit a revised plan under 
this subparagraph to such Secretaries, if at all, not later than 90 
days after the date on which the redevelopment authority receives the 
notice referred to in clause (i).
    (J)(i) Not later than 30 days after receiving a revised 
redevelopment plan under subparagraph (I), the Secretary of Housing and 
Urban Development shall review the revised plan and determine if the 
plan meets the requirements set forth in subparagraph (H)(i).
    (ii) The Secretary of Housing and Urban Development shall notify 
the Secretary of Defense and the redevelopment authority concerned of 
the determination of the Secretary of Housing and Urban Development 
under this subparagraph.
    (K)(i) Upon receipt of a notice under subparagraph (H)(iv) or 
(J)(ii) of the determination of the Secretary of Housing and Urban 
Development that a redevelopment plan for an installation meets the 
requirements set forth in subparagraph (H)(i), the Secretary of Defense 
shall dispose of the buildings and property at the installation.
    (ii) For purposes of carrying out an environmental assessment of 
the closure or realignment of an installation, the Secretary of Defense 
shall treat the redevelopment plan for the installation (including the 
aspects of the plan providing for disposal to State or local 
governments, representatives of the homeless, and other interested 
parties) as part of the proposed Federal action for the installation.
    (iii) The Secretary of Defense shall dispose of buildings and 
property under clause (i) in accordance with the record of decision or 
other decision document prepared by the Secretary in accordance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). 
In preparing the record of decision or other decision document, the 
Secretary shall give substantial deference to the redevelopment plan 
concerned.
    (iv) The disposal under clause (i) of buildings and property to 
assist the homeless shall be without consideration.
    (v) In the case of a request for a conveyance under clause (i) of 
buildings and property for public benefit under section 203(k) of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
484(k)) or sections 47151 through 47153 of title 49, United States 
Code, the sponsoring Federal agency shall use the eligibility criteria 
set forth in such section or such subchapter (as the case may be) to 
determine the eligibility of the applicant and use proposed in the 
request for the public benefit conveyance.
    (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) Such information as the Secretary requires in order to 
        determine that police services, fire protection services, and 
        water and sewer services available in the communities in the 
        vicinity of the installation concerned are adequate for the 
        program.
    (iii) Not later than 90 days after the date of the receipt of a 
revised plan for an installation under subparagraph (J), the Secretary 
of Housing and Urban Development shall--
            (I) notify the Secretary of Defense and the redevelopment 
        authority concerned of the buildings and property at an 
        installation under clause (i)(IV) that the Secretary of Housing 
        and Urban Development determines are suitable for use to assist 
        the homeless; and
            (II) notify the Secretary of Defense of the extent to which 
        the revised plan meets the criteria set forth in subparagraph 
        (H)(i).
    (iv)(I) Upon notice from the Secretary of Housing and Urban 
Development with respect to an installation under clause (iii), the 
Secretary of Defense shall dispose of buildings and property at the 
installation in consultation with the Secretary of Housing and Urban 
Development and the redevelopment authority concerned.
    (II) For purposes of carrying out an environmental assessment of 
the closure or realignment of an installation, the Secretary of Defense 
shall treat the redevelopment plan submitted by the redevelopment 
authority for the installation (including the aspects of the plan 
providing for disposal to State or local governments, representatives 
of the homeless, and other interested parties) as part of the proposed 
Federal action for the installation. The Secretary of Defense shall 
incorporate the notification of the Secretary of Housing and Urban 
Development under clause (iii)(I) as part of the proposed Federal 
action for the installation only to the extent, if any, that the 
Secretary of Defense considers such incorporation to be appropriate and 
consistent with the best and highest use of the installation as a 
whole, taking into consideration the redevelopment plan submitted by 
the redevelopment authority.
    (III) The Secretary of Defense shall dispose of buildings and 
property under subclause (I) in accordance with the record of decision 
or other decision document prepared by the Secretary in accordance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). 
In preparing the record of decision or other decision document, the 
Secretary shall give deference to the redevelopment plan submitted by 
the redevelopment authority for the installation.
    (IV) The disposal under subclause (I) of buildings and property to 
assist the homeless shall be without consideration.
    (V) In the case of a request for a conveyance under subclause (I) 
of buildings and property for public benefit under section 203(k) of 
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
484(k)) or sections 47151 through 47153 of title 49, United States 
Code, the sponsoring Federal agency shall use the eligibility criteria 
set forth in such section or such subchapter (as the case may be) to 
determine the eligibility of the applicant and use proposed in the 
request for the public benefit conveyance.
    (M)(i) In the event of the disposal of buildings and property of an 
installation pursuant to subparagraph (K) or (L), the redevelopment 
authority for the installation shall be responsible for the 
implementation of and compliance with agreements under the 
redevelopment plan described in that subparagraph for the installation.
    (ii) If a building or property reverts to a redevelopment authority 
under such an agreement, the redevelopment authority shall take 
appropriate actions to secure, to the maximum extent practicable, the 
utilization of the building or property by other homeless 
representatives to assist the homeless.
    (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 or realignment 
of the installation. The Secretary shall make such determinations in 
consultation with the redevelopment authority concerned and, in the 
case of deadlines provided for under this paragraph with respect to the 
Secretary of Housing and Urban Development, in consultation with the 
Secretary of Housing and Urban Development.
    (O) For purposes of this paragraph, the term ``communities in the 
vicinity of the installation'', in the case of an installation, means 
the communities that constitute the political jurisdictions (other than 
the State in which the installation is located) that comprise the 
redevelopment authority for the installation.
    (P) For purposes of this paragraph, the term ``other interested 
parties'', in the case of an installation, includes any parties 
eligible for the conveyance of property of the installation under 
section 203(k) of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 484(k)) or sections 47151 through 47153 of title 49, 
United States Code, whether or not the parties assist the homeless.
    (7)(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 closed or to be closed or 
realigned or to be realigned, under this part, if the Secretary 
determines that the provision of such services under such agreements is 
in the best interests of the Department of Defense.
    (B) The Secretary may exercise the authority provided under this 
paragraph without regard to the provisions of chapter 146 of title 10, 
United States Code.
    (C) The Secretary may not exercise the authority under subparagraph 
(A) with respect to an installation earlier than 180 days before the 
date on which the installation is to be closed.
    (D) The Secretary shall include in a contract for services entered 
into with a local government under this paragraph a clause that 
requires the use of professionals to furnish the services to the extent 
that professionals are available in the area under the jurisdiction of 
such government.
    (c) Applicability of National Environmental Policy Act of 1969.--
The provisions of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) shall not apply to the actions of the Commission, 
and, except as provided in paragraph (2), the Department of Defense in 
carrying out this part.
    (2)(A) The provisions of the National Environment Policy Act of 
1969 shall apply to actions of the Department of Defense under this 
part (i) during the process of property disposal, and (ii) during the 
process of relocating functions from a military installation being 
closed or realigned to another military installation after the 
receiving installation has been selected but before the functions are 
relocated.
    (B) In applying the provisions of the National Environmental Policy 
Act of 1969 to the processes referred to in subparagraph (A), the 
Secretary of Defense and the Secretary of the military departments 
concerned shall not have to consider--
            (i) the need for closing or realigning the military 
        installation which has been recommended for closure or 
        realignment by the Commission;
            (ii) the need for transferring functions to any military 
        installation which has been selected as the receiving 
        installation; or
            (iii) military installations alternative to those 
        recommended or selected.
    (3) A civil action for judicial review, with respect to any 
requirement of the National Environmental Policy Act of 1969 to the 
extent such Act is applicable under paragraph (2), of any act or 
failure to act by the Department of Defense during the closing, 
realigning, or relocating of functions referred to in clauses (i) and 
(ii) of paragraph (2)(A), may not be brought more than 60 days after 
the date of such act or failure to act.
    (d) Waiver.--The Secretary of Defense may close or realign military 
installations under this part without regard to--
            (1) any provision of law restricting the use of funds for 
        closing or realigning military installations included in any 
        appropriations or authorization Act; and
            (2) sections 2662 and 2687 of title 10, United States Code.
    (e) Transfer Authority in Connection With Payment of Environmental 
Remediation Costs.--(1)(A) Subject to paragraph (2) of this subsection 
and section 120(h) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the 
Secretary may enter into an agreement to transfer by deed real property 
or facilities referred to in subparagraph (B) with any person who 
agrees to perform all environmental restoration, waste management, and 
environmental compliance activities that are required for the property 
or facilities under Federal and State laws, administrative decisions, 
agreements (including schedules and milestones), and concurrences.
    (B) The real property and facilities referred to in subparagraph 
(A) are the real property and facilities located at an installation 
closed or to be closed or realigned or to be realigned under this part 
that are available exclusively for the use, or expression of an 
interest in a use, of a redevelopment authority under subsection 
(b)(6)(F) during the period provided for that use, or expression of 
interest in use, under that subsection.
    (C) The Secretary may require any additional terms and conditions 
in connection with an agreement authorized by subparagraph (A) as the 
Secretary considers appropriate to protect the interests of the United 
States.
    (2) A transfer of real property or facilities may be made under 
paragraph (1) only if the Secretary certifies to Congress that--
            (A) the costs of all environmental restoration, waste 
        management, and environmental compliance activities to be paid 
        by the recipient of the property or facilities are equal to or 
        greater than the fair market value of the property or 
        facilities to be transferred, as determined by the Secretary; 
        or
            (B) if such costs are lower than the fair market value of 
        the property or facilities, the recipient of the property or 
        facilities agrees to pay the difference between the fair market 
        value and such costs.
    (3) As part of an agreement under paragraph (1), the Secretary 
shall disclose to the person to whom the property or facilities will be 
transferred any information of the Secretary regarding the 
environmental restoration, waste management, and environmental 
compliance activities described in paragraph (1) that relate to the 
property or facilities. The Secretary shall provide such information 
before entering into the agreement.
    (4) Nothing in this subsection shall be construed to modify, alter, 
or amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.).
    (5) Section 330 of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note) shall not 
apply to any transfer under this subsection to persons or entities 
described in subsection (a)(2) of such section 330.
    (f) Transfer Authority in Connection With Construction or Provision 
of Military Family Housing.--(1) Subject to paragraph (2), the 
Secretary may enter into an agreement to transfer by deed real property 
or facilities located at or near an installation closed or to be 
closed, or realigned or to be realigned, under this part with any 
person who agrees, in exchange for the real property or facilities, to 
transfer to the Secretary housing units that are constructed or 
provided by the person and located at or near a military installation 
at which there is a shortage of suitable housing to meet the 
requirements of members of the Armed Forces and their dependents. The 
Secretary may not select real property for transfer under this 
paragraph if the property is identified in the redevelopment plan for 
the installation as property essential to the reuse or redevelopment of 
the installation.
    (2) A transfer of real property or facilities may be made under 
paragraph (1) only if--
            (A) the fair market value of the housing units to be 
        received by the Secretary in exchange for the property or 
        facilities to be transferred is equal to or greater than the 
        fair market value of such property or facilities, as determined 
        by the Secretary; or
            (B) in the event the fair market value of the housing units 
        is less than the fair market value of property or facilities to 
        be transferred, the recipient of the property or facilities 
        agrees to pay to the Secretary the amount equal to the excess 
        of the fair market value of the property or facilities over the 
        fair market value of the housing units.
    (3) Notwithstanding paragraph (2) of section 706(a), the Secretary 
may deposit funds received under paragraph (2)(B) in the Department of 
Defense Family Housing Improvement Fund established under section 
2873(a) of title 10, United States Code.
    (4) The Secretary shall submit to the congressional defense 
committees a report describing each agreement proposed to be entered 
into under paragraph (1), including the consideration to be received by 
the United States under the agreement. The Secretary may not enter into 
the agreement until the end of the 30-day period beginning on the date 
the congressional defense committees receive the report regarding the 
agreement.
    (5) The Secretary may require any additional terms and conditions 
in connection with an agreement authorized by this subsection as the 
Secretary considers appropriate to protect the interests of the United 
States.
    (g) Acquisition of Manufactured Housing.--(1) In closing or 
realigning any military installation under this part, the Secretary may 
purchase any or all right, title, and interest of a member of the Armed 
Forces and any spouse of the member in manufactured housing located at 
a manufactured housing park established at an installation closed or 
realigned under this part, or make a payment to the member to relocate 
the manufactured housing to a suitable new site, if the Secretary 
determines that--
            (A) it is in the best interest 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. 706. ACCOUNT.

    (a) In General.--(1) There is hereby established on the books of 
the Treasury an account to be known as the ``Department of Defense Base 
Closure Account 1998'' which shall be administered by the Secretary as 
a single account.
    (2) There shall be deposited into the Account--
            (A) funds authorized for and appropriated to the Account;
            (B) any funds that the Secretary may, subject to approval 
        in an appropriation Act, transfer to the Account from funds 
        appropriated to the Department of Defense for any purpose, 
        except that such funds may be transferred only after the date 
        on which the Secretary transmits written notice of, and 
        justification for, such transfer to the congressional defense 
        committees;
            (C) except as provided in subsection (d), proceeds received 
        from the lease, transfer, or disposal of any property at a 
        military installation closed or realigned under this part; and
            (D) proceeds received after September 30, 2001, from the 
        lease, transfer, or disposal of any property at a military 
        installation closed or realigned under the Defense Base Closure 
        and Realignment Act of 1990 (Public Law 101-510; 10 U.S.C. 2687 
        note).
    (b) Use of Funds.--(1) The Secretary may use the funds in the 
Account only for the purpose described in section 705, or, after 
September 30, 2001, for environmental restoration and property 
management and disposal at installations closed or realigned under the 
Defense Base Closure and Realignment Act of 1990 (Public Law 101-510; 
10 U.S.C. 2687 note).
    (2) When a decision is made to use funds in the Account to carry 
out a construction project under section 705(a) and the cost of the 
project will exceed the maximum amount authorized by law for a minor 
military construction project, the Secretary shall notify in writing 
the congressional defense committees of the nature of, and 
justification for, the project and the amount of expenditures for such 
project. Any such construction project may be carried out without 
regard to section 2802(a) of title 10, United States Code.
    (c) Reports.--(1)(A) No later than 60 days after the end of each 
fiscal year in which the Secretary carries out activities under this 
part, the Secretary shall transmit a report to the congressional 
defense committees of the amount and nature of the deposits into, and 
the expenditures from, the Account during such fiscal year and of the 
amount and nature of other expenditures made pursuant to section 705(a) 
during such fiscal year.
    (B) The report for a fiscal year shall include the following:
            (i) The obligations and expenditures from the Account 
        during the fiscal year, identified by subaccount, for each 
        military department and Defense Agency.
            (ii) The fiscal year in which appropriations for such 
        expenditures were made and the fiscal year in which funds were 
        obligated for such expenditures.
            (iii) Each military construction project for which such 
        obligations and expenditures were made, identified by 
        installation and project title.
            (iv) A description and explanation of the extent, if any, 
        to which expenditures for military construction projects for 
        the fiscal year differed from proposals for projects and 
        funding levels that were included in the justification 
        transmitted to Congress under section 707(1), or otherwise, for 
the funding proposals for the Account for such fiscal year, including 
an explanation of--
                    (I) any failure to carry out military construction 
                projects that were so proposed; and
                    (II) any expenditures for military construction 
                projects that were not so proposed.
    (2) Unobligated funds which remain in the Account after the 
termination of the authority of the Secretary to carry out a closure or 
realignment under this part shall be held in the Account until 
transferred by law after the congressional defense committees receive 
the report transmitted under paragraph (3).
    (3) No later than 60 days after the termination of the authority of 
the Secretary to carry out a closure or realignment under this part, 
the Secretary shall transmit to the congressional defense committees a 
report containing an accounting of--
            (A) all the funds deposited into and expended from the 
        Account or otherwise expended under this part; and
            (B) any amount remaining in the Account.
    (d) Disposal or Transfer of Commissary Stores and Property 
Purchased With Nonappropriated Funds.--(1) If any real property or 
facility acquired, constructed, or improved (in whole or in part) with 
commissary store funds or nonappropriated funds is transferred or 
disposed of in connection with the closure or realignment of a military 
installation under this part, a portion of the proceeds of the transfer 
or other disposal of property on that installation shall be deposited 
in the reserve account established under section 204(b)(7)(C) of the 
Defense Authorization Amendments and Base Closure and Realignment Act 
(10 U.S.C. 2687 note).
    (2) The amount so deposited shall be equal to the depreciated value 
of the investment made with such funds in the acquisition, 
construction, or improvement of that particular real property or 
facility. The depreciated value of the investment shall be computed in 
accordance with regulations prescribed by the Secretary of Defense.
    (3) The Secretary may use amounts in the account (in such an 
aggregate amount as is provided in advance in appropriation Acts) for 
the purpose of acquiring, constructing, and improving--
            (A) commissary stores; and
            (B) real property and facilities for nonappropriated fund 
        instrumentalities.
    (4) As used in this subsection:
            (A) The term ``commissary store funds'' means funds 
        received from the adjustment of, or surcharge on, selling 
        prices at commissary stores fixed under section 2685 of title 
        10, United States Code.
            (B) The term ``nonappropriated funds'' means funds received 
        from a nonappropriated fund instrumentality.
            (C) The term ``nonappropriated fund instrumentality'' means 
        an instrumentality of the United States under the jurisdiction 
        of the Armed Forces (including the Army and Air Force Exchange 
        Service, the Navy Resale and Services Support Office, and the 
        Marine Corps exchanges) which is conducted for the comfort, 
        pleasure, contentment, or physical or mental improvement of 
        members of the Armed Forces.
    (e) Account Exclusive Source of Funds for Environmental Restoration 
Projects.--Except for funds deposited into the Account under subsection 
(a), funds appropriated to the Department of Defense may not be used 
for purposes described in section 705(a)(1)(C). The prohibition in this 
subsection shall expire upon the termination of the authority of the 
Secretary to carry out a closure or realignment under this part.

SEC. 707. REPORTS.

    As part of the budget request for the Department of Defense for 
fiscal year 2005 and for each fiscal year thereafter in which the 
Secretary carries out activities under this part, the Secretary shall 
transmit to the congressional defense committees of Congress--
            (1) a schedule of the closure and realignment actions to be 
        carried out under this part in the fiscal year for which the 
        request is made and an estimate of the total expenditures 
        required and cost savings to be achieved by each such closure 
        and realignment and of the time period in which these savings 
        are to be achieved in each case, together with the Secretary's 
        assessment of the environmental effects of such actions; and
            (2) a description of the military installations, including 
        those under construction and those planned for construction, to 
        which functions are to be transferred as a result of such 
        closures and realignments, together with the Secretary's 
        assessment of the environmental effects of such transfers.

SEC. 708. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

    (a) Terms of the Resolution.--For purposes of section 704(b), the 
term ``joint resolution'' means only a joint resolution which is 
introduced within the 10-day period beginning on the date on which the 
President transmits the report to the Congress under section 703(e), 
and--
            (1) which does not have a preamble;
            (2) the matter after the resolving clause of which is as 
        follows: ``That Congress disapproves the recommendations of the 
        Defense Base Closure and Realignment Commission as submitted by 
        the President on ______'', the blank space being filled in with 
        the appropriate date; and
            (3) the title of which is as follows: ``Joint resolution 
        disapproving the recommendations of the Defense Base Closure 
        and Realignment Commission.''.
    (b) Referral.--A resolution described in subsection (a) that is 
introduced in the House of Representatives shall be referred to the 
Committee on National Security of the House of Representatives. 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 a resolution (or an 
identical resolution) by the end of the 20-day period beginning on the 
date on which the President transmits the report to the Congress under 
section 703(e), such committee shall be, at the end of such period, 
discharged from further consideration of such resolution, and such 
resolution shall be placed on the appropriate calendar of the House 
involved.
    (d) Consideration.--(1) On or after the third day after the date on 
which the committee to which such a resolution is referred has 
reported, or has been discharged (under subsection (c)) from further 
consideration of, such a resolution, it is in order (even though a 
previous motion to the same effect has been disagreed to) for any 
Member of the respective House to move to proceed to the consideration 
of the resolution. A Member may take the motion only on the day after 
the calendar day on which the Member announces to the House concerned 
the Member's intention to make the motion, except that, in the case of 
the House of Representatives, the motion may be made without such prior 
announcement if the motion is made by direction of the committee to 
which the resolution was referred. The motion is highly privileged in 
the House of Representatives and is privileged in the Senate and is not 
debatable. The motion is not subject to amendment, or to a motion to 
postpone, or to a motion to proceed to the consideration of other 
business. A motion to reconsider the vote by which the motion is agreed 
to or disagreed to shall not be in order. If a motion to proceed to the 
consideration of the resolution is agreed to, the respective House 
shall immediately proceed to consideration of the joint resolution 
without intervening motion, order, or other business, and the 
resolution shall remain the unfinished business of the respective House 
until disposed of.
    (2) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 2 
hours, which shall be divided equally between those favoring and those 
opposing the resolution. An amendment to the resolution is not in 
order. A motion further to limit debate is in order and not debatable. 
A motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the resolution is not in order. 
A motion to reconsider the vote by which the resolution is agreed to or 
disagreed to is not in order.
    (3) Immediately following the conclusion of the debate on a 
resolution described in subsection (a) and a single quorum call at the 
conclusion of the debate if requested in accordance with the rules of 
the appropriate House, the vote on final passage of the resolution 
shall occur.
    (4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution described 
in subsection (a) shall be decided without debate.
    (e) Consideration by Other House.--(1) If, before the passage by 
one House of a resolution of that House described in subsection (a), 
that House receives from the other House a resolution described in 
subsection (a), then the following procedures shall apply:
            (A) The resolution of the 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 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 rule making 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. 709. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY.

    (a) In General.--Except as provided in subsection (c), during the 
period beginning on the date of the enactment of this Act and ending on 
December 31, 2005, this part shall be the exclusive authority for 
selecting for closure or realignment, or for carrying out any closure 
or realignment of, a military installation inside the United States.
    (b) Restriction.--Except as provided in subsection (c), none of the 
funds available to the Department of Defense may be used, other than 
under this part, during the period specified in subsection (a)--
            (1) to identify, through any transmittal to the Congress or 
        through any other public announcement or notification, any 
        military installation inside the United States as an 
        installation to be closed or realigned or as an installation 
        under consideration for closure or realignment; or
            (2) to carry out any closure or realignment of a military 
        installation inside the United States.
    (c) Exception.--Nothing in this part affects the authority of the 
Secretary to carry out--
            (1) closures and realignments under title II of Public Law 
        100-526;
            (2) closures and realignments under Public Law 101-510; and
            (3) closures and realignments to which section 2687 of 
        title 10, United States Code, is not applicable, including 
        closures and realignments carried out for reasons of national 
        security or a military emergency referred to in subsection (c) 
        of such section.

SEC. 710. DEFINITIONS.

    As used in this part:
            (1) The term ``Account'' means the Department of Defense 
        Base Closure Account 1998 established by section 706(a)(1).
            (2) The term ``congressional defense committees'' means the 
        Committee on Armed Services and the Committee on Appropriations 
        of the Senate and the Committee on National Security and the 
        Committee on Appropriations of the House of Representatives.
            (3) The term ``Commission'' means the Commission 
        established by section 702.
            (4) The term ``military installation'' means a base, camp, 
        post, station, yard, center, homeport facility for any ship, or 
        other activity under the jurisdiction of the Department of 
        Defense, including any leased facility. Such term does not 
        include any facility used primarily for civil works, rivers and 
        harbors projects, flood control, or other projects not under 
        the primary jurisdiction or control of the Department of 
        Defense.
            (5) The term ``realignment'' includes any action which both 
        reduces and relocates functions and civilian personnel 
        positions but does not include a reduction in force resulting 
        from workload adjustments, reduced personnel or funding levels, 
        or skill imbalances.
            (6) The term ``Secretary'' means the Secretary of Defense.
            (7) The term ``United States'' means the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, Guam, 
        the Virgin Islands, American Samoa, and any other commonwealth, 
        territory, or possession of the United States.
            (8) The term ``date of approval'', with respect to a 
        closure or realignment of an installation, means the date on 
        which the authority of Congress to disapprove a recommendation 
        of closure or realignment, as the case may be, of such 
        installation under this part expires.
            (9) The term ``redevelopment authority'', in the case of an 
        installation to be closed or realigned under this part, means 
        any entity (including an entity established by a State or local 
        government) recognized by the Secretary of Defense as the 
        entity responsible for developing the redevelopment plan with 
        respect to the installation or for directing the implementation 
        of such plan.
            (10) The term ``redevelopment plan'' in the case of an 
        installation to be closed or realigned under this part, means a 
        plan that--
                    (A) is agreed to by the local redevelopment 
                authority with respect to the installation; and
                    (B) provides for the reuse or redevelopment of the 
                real property and personal property of the installation 
                that is available for such reuse and redevelopment as a 
                result of the closure or realignment of the 
                installation.
            (11) The term ``representative of the homeless'' has the 
        meaning given such term in section 501(i)(4) of the Stewart B. 
        McKinney Homeless Assistance Act (42 U.S.C. 1141(i)(4)).

SEC. 711. CONFORMING AMENDMENT.

    All authorities provided to the Secretary of Defense with respect 
to installations closed or to be closed pursuant to the Defense Base 
Closure and Realignment Act of 1990 (Public Law 101-510, as amended; 10 
U.S.C. 2687 note), shall apply to the same extent to installations 
realigned or to be realigned pursuant to the Defense Base Closure and 
Realignment Act of 1990 (Public Law 101-510, as amended; 10 U.S.C. 2687 
note).
                                 <all>