National Defense Authorization Act for Fiscal Year 1991
Public Law 101–510, as amended
104 Stat. 1485, as amended
National Defense Authorization Act for Fiscal Year 1991
510
118–159
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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Armed Forces Retirement Home Act of 1991
Department of Energy Science Education Enhancement Act
National Defense Authorization Act for Fiscal Year 1991
Defense Base Closure and Realignment Act of 1990
Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990
10716
101
1990-11-05
National Defense Authorization Act for Fiscal Year 1991
[
Public Law 101–510
;
November 5, 1990
;
104 Stat. 1485
]
[As Amended Through P.L. 118–159, Enacted December 23, 2024]
[Currency: This publication is a compilation of the text of Public Law 101–510. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
* * * * * * *
DIVISION A—

DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE II—

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
* * * * * * *
Part C—

Strategic Defense Initiative
SEC. 221.
[10 U.S.C. 2431 note]

STRATEGIC DEFENSE INITIATIVE PROGRAM STRUCTURE AND LIMITATIONS ON SPENDING
(a)

Program Elements.—
(1)
The following program elements shall be the exclusive program elements for the Strategic Defense Initiative:
(A)
Phase I Defenses.
(B)
Limited Protection Systems.
(C)
Theater and ATBM Defenses.
(D)
Follow-On Systems.
(E)
Research and Support Activities.
(1)
enhance the capabilities of disadvantaged small business concerns to perform as subcontractors and suppliers under Department of Defense contracts and other contracts and subcontracts; and
(2)
increase the participation of such business concerns as subcontractors and suppliers under Department of Defense contracts, other Federal Government contracts, and commercial contracts.
(2)
The program elements in paragraph (1) shall be the only program elements used in the program and budget information concerning the Strategic Defense Initiative submitted to Congress by the Secretary of Defense in support of the budget submitted to Congress by the President under section 1105 of title 31, United States Code, for any fiscal year after fiscal year 1991.
(b)

Research, Development, Test, and Evaluation Objectives.—
(1)

Phase i defenses.—
The Phase I Defenses program element shall include programs, projects, and activities which have as a primary objective the development of systems, components, and architectures for a strategic defense system capable of providing low to moderate defensive capabilities against a large-scale ballistic missile attack against the United States. Such activities may include those necessary to develop systems, components, and architectures capable of providing an early deployment option against limited attacks, including accidental, unauthorized, or deliberate launch of a small number of ballistic missiles.
(2)

Limited protection systems.—
The Limited Protection Systems program element shall include programs, projects, and activities which have as a primary objective the development of systems and components which, if deployed as a limited defense, would not be in violation of the 1972 ABM Treaty. For purposes of planning, evaluation, design, and effectiveness studies, such programs, projects, and activities may take into consideration both the current numerical limitations of the 1972 ABM Treaty and modest changes to those numerical limitations.
(3)

Theater and atbm defenses.—
The Theater and ATBM Defenses program element shall include programs, projects, and activities which have as a primary objective—
(A)
the development of deployable and rapidly relocatable anti-tactical ballistic missile (ATBM) defenses for forward deployed and expeditionary United States armed forces, and
(B)
cooperation with friendly and allied nations in the development of theater defenses against tactical ballistic missiles.
(4)

Follow-on systems.—
The Follow-On Systems program element shall include programs, projects, and activities which have as a primary objective the development of technologies capable of supporting systems, components, and architectures that could produce highly effective defenses for deployment after the beginning of the twenty-first century.
(5)

Research and support activities.—
The Research and Support Activities program element shall include programs, projects, and activities which have as a primary objective—
(A)
the provision of basic research and technical, engineering, and managerial support to the programs, projects, and activities within the program elements in paragraphs (1) through (4);
(B)
innovative science and technology projects;
(C)
the provision of test and evaluation services; and
(D)
program management.
(c)

Funding Limitations.—
[Omitted]
(d)

Definition.—
In this section, the term “1972 ABM Treaty” means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitations of Anti-Ballistic Missiles, signed at Moscow on May 26, 1972.
* * * * * * *
TITLE VII—

HEALTH CARE PROVISIONS
* * * * * * *
Part B—

HEALTH CARE MANAGEMENT
* * * * * * *
SEC. 715.
[10 U.S.C. 1073 note]

CONDITIONS ON EXPANSION OF CHAMPUS REFORM INITIATIVE
(a)

Certification of Cost-Effectiveness.—
The Secretary of Defense may not proceed with the proposed expansion of the CHAMPUS reform initiative underway in the States of California and Hawaii until not less than 90 days after the date on which the Secretary certifies to the Congress that—
(1)
such CHAMPUS reform initiative has been demonstrated to be more cost-effective than the Civilian Health and Medical Program of the Uniformed Services or any other health care demonstration program being conducted by the Secretary;
(2)
the contractor selected to underwrite the delivery of health care under the CHAMPUS reform initiative will accomplish the expansion without the disruption of services to beneficiaries under the Civilian Health and Medical Program of the Uniformed Services or delays in the processing of claims; and
(3)
such contractor is currently, and projected to remain, financially able to underwrite the CHAMPUS reform initiative.
(b)

Report on Certification.—
Not later than 30 days after the date on which the Secretary of Defense submits the certification required by subsection (a), the Comptroller General of the United States and the Director of the Congressional Budget Office shall jointly submit to Congress a report evaluating such certification.
(c)

CHAMPUS Reform Initiative Defined.—
For purposes of this section, the term “CHAMPUS reform initiative” has the meaning given that term in section 702(d)(1) of the Department of Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 1073 note).
* * * * * * *
TITLE VIII—

ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
* * * * * * *
Part D—

Miscellaneous
* * * * * * *
[Section 856(a) of division A of Public Law 117-263 transferred section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 4901 note prec.) to subchapter I of chapter 387 of title 10, United States Code, inserted after section 4901, and redesignated as section 4902.]

TITLE X—

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES
* * * * * * *[Section 1004 was repealed by section 1011(b) of division A of Public Law 114-328.] * * * * * * *
TITLE XIV—

GENERAL PROVISIONS
* * * * * * *
Part B—

Naval Vessels and Shipyards
* * * * * * *
SEC. 1424.
[10 U.S.C. 7291 note]

FAST SEALIFT PROGRAM
(a)

Establishment of Program.—
The Secretary of the Navy shall establish a program for the construction and operation, or conversion and operation, of cargo vessels that incorporate features essential for military use of the vessels.
(b)

Program Requirements.—
The program under this section shall be carried out as follows:
(1)
The Secretary of the Navy shall establish the design requirements for vessels to be constructed or converted under the program.
(2)
In establishing the design requirements for vessels to be constructed or converted under the program, the Secretary shall use commercial design standards and shall consult with the Administrator of the Maritime Administration.
(3)
Construction or conversion of the vessels shall be accomplished in private United States shipyards.
(4)
The vessels constructed or converted under the program shall incorporate propulsion systems whose main components (that is, the engines, reduction gears, and propellers) are manufactured in the United States.
(5)
The vessels constructed or converted under the program shall incorporate bridge and machinery control systems and interior communications equipment which—
(A)
are manufactured in the United States; and
(B)
have more than half of their value, in terms of cost, added in the United States.
(6)
The Secretary of Defense may waive the requirement of paragraph (5) with respect to a system or equipment described in that paragraph if—
(A)
the system or equipment is not available; or
(B)
the costs of compliance would be unreasonable compared to the costs of purchase from a foreign manufacturer.
(c)

Charter of Vessels Constructed.—
(1)
Except when the Secretary determines that having a vessel immediately available with a full or partial crew is in the national interest, the Secretary, in consultation with the Administrator of the Maritime Administration, shall charter each vessel constructed before October 1, 1995, under the program for commercial operation. Any such charter—
(A)
shall not permit the operation of the vessel other than in the foreign commerce of the United States;
(B)
may be made only with an individual or entity that is a citizen of the United States (which, in the case of a corporation, partnership, or association, shall be determined in the manner specified in section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)); and
(C)
shall require that the vessel be documented (and remain documented) under the laws of the United States.
(2)
The Secretary may enter into a charter under paragraph (1) only through the use of competitive bidding procedures that ensure that the highest charter rates are obtained by the United States consistent with good business practice, except that the Secretary may operate the vessel (or contract to have the vessel operated) in direct support of United States military forces during a time of war or national emergency and at other times when the Administrator of the Maritime Administration determines that that operation would not unfairly compete with another United States-flag vessel.
(3)
If the Secretary determines that a vessel previously chartered under the program no longer has commercial utility, the Secretary may transfer the vessel to the National Defense Reserve Fleet.
(4)
A contract for the charter of a vessel under paragraph (1) shall include a provision that the charter may be terminated for national security reasons without cost to the United States.
(d)

Reports To Congress.—
(1)
Not later than six months after the date of the enactment of this Act [Nov. 5, 1990], the Secretary of the Navy shall submit to Congress a report describing the Secretary's plan for implementing the fast sealift program authorized by this section.
(2)
Not later than three years after the date of the enactment of this Act [Nov. 5, 1990], the Secretary shall submit to Congress a report on the implementation of the plan described in the report submitted under paragraph (1). The report shall include a description of vessels built or under contract to be built pursuant to this section, the use of such vessels, and the operating experience and manning of such vessels.
(3)
The reports under paragraphs (1) and (2) shall be prepared in consultation with the Administrator of the Maritime Administration.
(4)
The vessels constructed under the program shall incorporate propulsion systems, bridge and machinery control systems, and interior communications equipment manufactured in the United States.
(e)

Availability of Funds.—
Amounts appropriated to the Department of Defense for any fiscal year for acquisition of fast sealift vessels may be used for the program under this section.
* * * * * * *
Part E—

Matters Relating to Allies and Other Nations
* * * * * * *
SEC. 1455.

PERMANENT CEILING ON UNITED STATES ARMED FORCES IN JAPAN AND CONTRIBUTIONS BY JAPAN TO THE SUPPORT OF UNITED STATES FORCES IN JAPAN
(a)

Purpose.—
It is the purpose of this section to require Japan to offset the direct costs (other than pay and allowances for United States military and civilian personnel) incurred by the United States related to the presence of United States military personnel in Japan.
(b)

Permanent Ceiling on United States Armed Forces in Japan.—
Funds appropriated pursuant to an authorization contained in this Act or any subsequent Act may not be used to support an end strength level of all personnel of the Armed Forces of the United States stationed in Japan at any level in excess of 50,000.
(c)

Sense of Congress on Allied Burden Sharing.—
(1)
Congress recognizes that Japan has made a substantial pledge of financial support to the effort to support the United Nations Security Council resolutions on Iraq.
(2)
It is the sense of Congress that—
(A)
all countries that share the benefits of international security and stability should, commensurate with their national capabilities, share in the responsibility for maintaining that security and stability; and
(B)
given the economic capability of Japan to contribute to international security and stability, Japan should make contributions commensurate with that capability.
(d)

Negotiations.—
At the earliest possible date after the date of the enactment of this Act, the President shall enter into negotiations with Japan for the purpose of achieving an agreement before September 30, 1991, under which Japan offsets all direct costs (other than pay and allowances for United States military and civilian personnel) incurred by the United States related to the presence of all United States military personnel stationed in Japan.
(e)

Exceptions.—
(1)
This section shall not apply in the event of a declaration of war or an armed attack on Japan.
(2)
This section may be waived by the President if the President—
(A)
declares an emergency or determines that such a waiver is required by the national security interests of the United States; and
(B)
immediately informs the Congress of the waiver and the reasons for the waiver.
* * * * * * *
SEC. 1457.
[50 U.S.C. 404c]

ANNUAL REPORT ON UNITED STATES SECURITY ARRANGEMENTS AND COMMITMENTS WITH OTHER NATIONS
(a)

Report Requirements.—
The President shall submit to the congressional committees specified in subsection (d) each year a report (in both classified and unclassified form) on United States security arrangements with, and commitments to, other nations.
(b)

Matters To Be Included.—
The President shall include in each such report the following:
(1)
A description of—
(A)
each security arrangement with, or commitment to, other nations, whether based upon (i) a formal document (including a mutual defense treaty, a pre-positioning arrangement or agreement, or an access agreement), or (ii) an expressed policy; and
(B)
the historical origins of each such arrangement or commitment.
(2)
An evaluation of the ability of the United States to meet its commitments based on the projected reductions in the defense structure of the United States.
(3)
A plan for meeting each of those commitments with the force structure projected for the future.
(4)
An assessment of the need to continue, modify, or discontinue each of those arrangements and commitments in view of the changing international security situation.
(c)

Deadline for Report.—
The President shall submit the report required by subsection (a) not later than February 1 of each year.
(d)

Specified Congressional Committees.—
The congressional committees referred to in subsection (a) are the following:
(1)
The Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(2)
The Committee on Armed Services and the Committee on International Relations of the House of Representatives.
* * * * * * *
TITLE XV—

ARMED FORCES RETIREMENT HOME
SEC. 1501.
[24 U.S.C 401 note]

SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.
(a)

Short Title.—
This title may be cited as the “Armed Forces Retirement Home Act of 1991”.
(b)

Table of Contents.—
The table of contents for this title is as follows:
Sec. 1501.
Short title; table of contents.
Sec. 1502.
Definitions.
Sec. 1511.
Establishment of the Armed Forces Retirement Home.
Sec. 1512.
Residents of Retirement Home.
Sec. 1513.
Services provided to residents.
Sec. 1513A.
Oversight of health care provided to residents.
Sec. 1514.
Fees paid by residents.
Sec. 1515.
Chief Operating Officer.
Sec. 1516.
Advisory Council.
Sec. 1516A.
Resident Advisory Committees.
Sec. 1517.
Administrators, Ombudsmen, and staff of facilities.
Sec. 1518.
Periodic inspection of Retirement Home facilities.
Sec. 1519.
Armed Forces Retirement Home Trust Fund.
Sec. 1520.
Disposition of effects of deceased persons; unclaimed property.
Sec. 1521.
Payment of residents for services.
Sec. 1522.
Authority to accept certain uncompensated services.
Sec. 1523.
Preservation of historic buildings and grounds at the Armed Forces Retirement Home—Washington.
SEC. 1502.
[24 U.S.C. 401]

DEFINITIONS
For purposes of this title:
(1)
The term “Retirement Home” includes the institutions established under section 1511, as follows:
(A)
The Armed Forces Retirement Home—Washington.
(B)
The Armed Forces Retirement Home—Gulfport.
(2)
The terms “Armed Forces Retirement Home Trust Fund” and “Fund” mean the Armed Forces Retirement Home Trust Fund established under section 1519(a).
(3)
The term “Advisory Council” means the Armed Forces Retirement Home Advisory Council established under section 1516.
(4)
The term “Resident Advisory Committee” means an elected body of residents at a facility of the Retirement Home established under section 1516A.
(5)
The term “chief personnel officers” means—
(A)
the Deputy Chief of Staff for Personnel of the Army;
(B)
the Chief of Naval Personnel;
(C)
the Deputy Chief of Staff for Personnel of the Air Force;
(D)
the Deputy Commandant of the Marine Corps for Manpower and Reserve Affairs;
(E)
the Assistant Commandant of the Coast Guard for Human Resources; and
(F)
the Deputy Chief of Space Operations for Human Capital of the Space Force.
(6)
The term “senior noncommissioned officers” means the following:
(A)
The Sergeant Major of the Army.
(B)
The Master Chief Petty Officer of the Navy.
(C)
The Chief Master Sergeant of the Air Force.
(D)
The Sergeant Major of the Marine Corps.
(E)
The Master Chief Petty Officer of the Coast Guard.
(F)
The Chief Master Sergeant of the Space Force.
SEC. 1511.
[24 U.S.C. 411]

ESTABLISHMENT OF THE ARMED FORCES RETIREMENT HOME.
(a)

Independent Establishment.—
The Armed Forces Retirement Home is an independent establishment in the executive branch.
(b)

Purpose.—
The purpose of the Retirement Home is to provide, through the Armed Forces Retirement Home—Washington and the Armed Forces Retirement Home—Gulfport, residences and related services for certain retired and former members of the Armed Forces.
(c)

Facilities.—
(1)
Each facility of the Retirement Home referred to in paragraph (2) is a separate establishment of the Retirement Home.
(2)
The United States Soldiers' and Airmen's Home is hereby redesignated as the Armed Forces Retirement Home—Washington. The Naval Home is hereby redesignated as the Armed Forces Retirement Home—Gulfport.
(d)

Operation.—
(1)
The Chief Operating Officer of the Armed Forces Retirement Home is the head of the Retirement Home. The Chief Operating Officer is subject to the authority, direction, and control of the Secretary of Defense.
(2)
Each facility of the Retirement Home shall be maintained as a separate establishment of the Retirement Home for administrative purposes and shall be under the authority, direction, and control of the Administrator of that facility. The Administrator of each facility of the Retirement Home is subject to the authority, direction, and control of the Chief Operating Officer.
(3)
The administration of the Retirement Home (including administration for the provision of health care and medical care for residents) shall remain under the direct authority, control, and administration of the Secretary of Defense.
(e)

Property and Facilities.—
(1)
The Retirement Home shall include such property and facilities as may be acquired under paragraph (2) or accepted under section 1515(f) for inclusion in the Retirement Home.
(2)
The Chief Operating Officer may acquire, for the benefit of the Retirement Home, property and facilities for inclusion in the Retirement Home. If the purchase price to acquire fee title to real property for inclusion in the Retirement Home is more than $750,000, the Chief Operating Officer may acquire the real property only if the acquisition is specifically authorized by law.
(3)
If the Chief Operating Officer determines that any property of the Retirement Home is excess to the needs of the Retirement Home, the Chief Operating Officer shall dispose of the property in accordance with subchapter III of chapter 5 of title 40, United States Code (40 U.S.C. 541 et seq.). The proceeds from the disposal of property under this paragraph shall be deposited in the Armed Forces Retirement Home Trust Fund.
(f)

Department of Defense Support.—
The Secretary of Defense may make available from the Department of Defense to the Retirement Home, on a nonreimbursable basis, administrative support and office services, legal and policy planning assistance, access to investigative facilities of the Inspector General of the Department of Defense and of the military departments, and any other support necessary to enable the Retirement Home to carry out its functions under this title.
(g)

Accreditation.—
The Chief Operating Officer shall secure and maintain accreditation by a nationally recognized civilian accrediting organization for each aspect of each facility of the Retirement Home, including medical and dental care, pharmacy, independent living, and assisted living and nursing care.
(h)

Annual Report.—
The Secretary of Defense shall transmit to Congress an annual report on the financial and other affairs of the Retirement Home for each fiscal year. The annual report shall include an assessment of all aspects of each facility of the Retirement Home, including the quality of care at the facility.
(i)

Authority to Lease Non-excess Property.—
(1)
Subject to the approval of the Secretary of Defense, whenever the Chief Operating Officer of the Armed Forces Retirement Home considers it advantageous to the Retirement Home, the Chief Operating Officer may lease to such lessee and upon such terms as the Chief Operating Officer considers will promote the purpose and financial stability of the Retirement Home or be in the public interest, real or personal property that is—
(A)
under the control of the Retirement Home; and
(B)
not excess property (as defined by section 102 of title 40, United States Code) subject to disposal under subsection (e)(3).
(2)
A lease under this subsection—
(A)
may not be for more than five years, unless the Chief Operating Officer determines that a lease for a longer period will promote the purpose and financial stability of the Retirement Home or be in the public interest;
(B)
may give the lessee the first right to buy the property if the lease is revoked to allow the United States to sell the property under any other provision of law;
(C)
shall permit the Chief Operating Officer to revoke the lease at any time, unless the Chief Operating Officer determines that the omission of such a provision will promote the purpose and financial stability of the Retirement Home or be in the public interest;
(D)
shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Chief Operating Officer;
(E)
may provide, notwithstanding section 1302 of title 40, United States Code, or any other provision of law, for the alteration, repair, or improvement, by the lessee, of the property leased as the payment of part or all of the consideration for the lease; and
(F)
may not provide for a leaseback by the Retirement Home with an annual payment in excess of $100,000, or otherwise commit the Retirement Home or the Department of Defense to annual payments in excess of such amount.
(3)
In addition to any in-kind consideration accepted under subparagraph (D) or (E) of paragraph (2), in-kind consideration accepted with respect to a lease under this subsection may include the following:
(A)
Maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of property or facilities of the Retirement Home.
(B)
Construction of new facilities for the Retirement Home.
(C)
Provision of facilities for use by the Retirement Home.
(D)
Facilities operation support for the Retirement Home.
(E)
Provision of such other services relating to activities that will occur on the leased property as the Chief Operating Officer considers appropriate.
(4)
In-kind consideration under paragraph (3) may be accepted at any property or facilities of the Retirement Home that are selected for that purpose by the Chief Operating Officer.
(5)
In the case of a lease for which all or part of the consideration proposed to be accepted under this subsection is in-kind consideration with a value in excess of $500,000, the Chief Operating Officer may not enter into the lease until at least 30 days after the date on which a report on the facts of the lease is submitted to Congress. This paragraph does not apply to a lease covered by paragraph (6).
(6)
(A)
If a proposed lease under this subsection involves only personal property, the lease term exceeds one year, or the fair market value of the lease interest exceeds $100,000, as determined by the Chief Operating Officer, the Chief Operating Officer shall use competitive procedures to select the lessee unless the Chief Operating Officer determines that—
(i)
a public interest will be served as a result of the lease; and
(ii)
the use of competitive procedures for the selection of certain lessees is unobtainable or not compatible with the public benefit served under clause (i).
(B)
Not later than 45 days before entering into a lease described in subparagraph (A), the Chief Operating Officer shall submit to Congress written notice describing the terms of the proposed lease and—
(i)
the competitive procedures used to select the lessee; or
(ii)
in the case of a lease involving the public benefit exception authorized by subparagraph (A)(ii), a description of the public benefit to be served by the lease.
(7)
The proceeds from the lease of property under this subsection shall be deposited in the Armed Forces Retirement Home Trust Fund.
(8)
The interest of a lessee of property leased under this subsection may be taxed by State or local governments. A lease under this subsection shall provide that, if and to the extent that the leased property is later made taxable by State or local governments under an Act of Congress, the lease shall be renegotiated.
SEC. 1512.
[24 U.S.C. 412]

RESIDENTS OF RETIREMENT HOME.
(a)

Persons Eligible To Be Residents.—
Except as provided in subsection (b), the following persons who served as members of the Armed Forces, at least one-half of whose service was not commissioned service (other than as a warrant officer or limited-duty officer), are eligible to become residents of the Retirement Home:
(1)
Persons who were discharged or released from service in the Armed Forces after 20 or more years of active service.
(2)
Persons who are determined under rules prescribed by the Chief Operating Officer to be suffering from a service-connected disability incurred in the line of duty in the Armed Forces.
(3)
Persons who served in a war theater during a time of war declared by Congress or were eligible for hostile fire special pay under section 310 or 351 of title 37, United States Code, and who are determined under rules prescribed by the Chief Operating Officer to be suffering from injuries, disease, or disability.
(4)
Persons who served in a women's component of the Armed Forces before June 12, 1948, and are determined under rules prescribed by the Chief Operating Officer to be eligible for admission because of compelling personal circumstances.
(5)
Persons who are eligible for retired pay under chapter 1223 of title 10, United States Code, and are—
(A)
eligible for care under section 1710 of title 38, United States Code;
(B)
enrolled in coverage under chapter 55 of title 10, United States Code; or
(C)
enrolled in a qualified health plan (as defined in section 1301(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a))) that is acceptable to the Chief Operating Officer.
(b)

Persons Ineligible to Be Residents.—
The following persons are ineligible to become a resident of the Retirement Home:
(1)
A person who—
(A)
has been convicted of a felony; or
(B)
was discharged or released from service in the Armed Forces under other than honorable conditions.
(2)
A person with substance abuse or mental health problems, except upon a judgment and satisfactory determination by the Chief Operating Officer that—
(A)
the person has been evaluated by a qualified health professional selected by the Retirement Home;
(B)
the Retirement Home can accommodate the person’s condition; and
(C)
the person agrees to such conditions of residency as the Retirement Home may require.
(c)

Acceptance.—
To apply for acceptance as a resident of a facility of the Retirement Home, a person eligible to be a resident shall submit to the Administrator of that facility an application in such form and containing such information as the Chief Operating Officer may require.
(d)

Priorities for Acceptance.—
The Chief Operating Officer shall establish a system of priorities for the acceptance of residents so that the most deserving applicants will be accepted whenever the number of eligible applicants is greater than the Retirement Home can accommodate.
(e)

Spouses of Residents.—
(1)

Authority to admit.—
Except as otherwise established pursuant to subsection (d), the spouse of a person accepted as a resident of a facility of the Retirement Home may be admitted to that facility if the spouse—
(A)
is a covered beneficiary within the meaning of section 1072(5) of title 10, United States Code;
(B)
is not ineligible to become a resident as provided in subsection (b); and
(C)
submits an application for admittance in accordance with subsection (c).
(2)

Treatment as resident.—
A spouse admitted in accordance with paragraph (1) shall be a resident of the Retirement Home consistent with this Act, except as the Chief Operating Officer may otherwise provide.
SEC. 1513.
[24 U.S.C. 413]

SERVICES PROVIDED TO RESIDENTS.
(a)

Services Provided.—
Except as provided in subsections (b), (c), and (d), a resident of the Retirement Home shall receive the services authorized by the Chief Operating Officer.
(b)

Medical and Dental Care.—
The Retirement Home shall provide for the overall health care needs of residents in a high quality and cost-effective manner, including on site primary care, medical care, and a continuum of long-term care services. The services provided residents of the Retirement Home shall include appropriate nonacute medical and dental services, pharmaceutical services, and transportation of residents, which shall be provided at no cost to residents. Secondary and tertiary hospital care for residents that is not available at a facility of the Retirement Home shall, to the extent available, be obtained by agreement with the Secretary of Veterans Affairs or the Secretary of Defense in a facility administered by such Secretary. Except as provided in subsection (d), the Retirement Home shall not be responsible for the costs incurred for such care by a resident of the Retirement Home who uses a private medical facility for such care. The Retirement Home may not construct an acute care facility.
(c)

Availability of Licensed Practitioners.—
(1)
In providing for the health care needs of residents at a facility of the Retirement Home under subsection (b), the Retirement Home shall have appropriate licensed practitioners, as determined under paragraph (2), available during the daily business hours of the facility and on an on-call basis at other times.
(2)
In accordance with accrediting organization standards pursuant to section 1511(g), the Chief Operating Officer, in consultation with the Medical Director, shall ensure that the skills, experience, and availability of the practitioners are suited to residents of the facility.
(d)

Transportation to Medical Care Outside Retirement Home Facilities.—
(1)
With respect to each facility of the Retirement Home, the Retirement Home shall provide daily scheduled transportation to nearby medical facilities used by residents of the facility. The Retirement Home may provide, based on a determination of medical need, unscheduled transportation for a resident of the facility to any medical facility located not more than 30 miles from the facility for the provision of necessary and urgent medical care for the resident.
(2)
The Retirement Home may not collect a fee from a resident for transportation provided under this subsection.
SEC. 1513A.
[24 U.S.C. 413a]

OVERSIGHT OF HEALTH CARE PROVIDED TO RESIDENTS.
(a)

Designation of Senior Medical Advisor.—
(1)
The Secretary of Defense shall designate the Deputy Director of the Defense Health Agency to serve as the Senior Medical Advisor for the Retirement Home.
(2)
The Deputy Director of the Defense Health Agency shall serve as Senior Medical Advisor for the Retirement Home in addition to performing all other duties and responsibilities assigned to the Deputy Director of the Defense Health Agency at the time of the designation under paragraph (1) or afterward.
(b)

Responsibilities.—
The Senior Medical Advisor shall provide advice to the Secretary of Defense, the Chief Operating Officer, and the Advisory Council regarding the direction and oversight of—
(1)
medical administrative matters at each facility of the Retirement Home; and
(2)
the provision of medical care, preventive mental health, and dental care services at each facility of the Retirement Home.
(c)

Duties.—
In carrying out the responsibilities set forth in subsection (b), the Senior Medical Advisor shall perform the following duties:
(1)
Facilitate and monitor the timely availability to residents of the Retirement Home such medical, mental health, and dental care services as such residents may require at locations other than the Retirement Home.
(2)
Monitor compliance by the facilities of the Retirement Home with accreditation standards, applicable nationally recognized health care standards and requirements, or any other applicable health care standards and requirements .
(3)
Periodically visit each facility of the Retirement Home to review—
(A)
the medical facilities, medical operations, medical records and reports, and the quality of care provided to residents; and
(B)
inspections and audits to ensure that appropriate follow-up regarding issues and recommendations raised by such inspections and audits has occurred.
(4)
Report on the findings and recommendations developed as a result of each review conducted under paragraph (3) to the Chief Operating Officer, the Advisory Council, and the Secretary of Defense.
(d)

Advisory Bodies.—
In carrying out the responsibilities set forth in subsection (b) and the duties set forth in subsection (c), the Senior Medical Advisor may establish and seek the advice of such advisory bodies as the Senior Medical Advisor considers appropriate.
SEC. 1514.
[24 U.S.C. 414]

FEES PAID BY RESIDENTS.
(a)

Monthly Fees.—
The Administrator of each facility of the Retirement Home shall collect a monthly fee from each resident of that facility.
(b)

Deposit of Fees.—
The Administrators shall deposit fees collected under subsection (a) in the Armed Forces Retirement Home Trust Fund.
(c)

Fixing Fees.—
(1)
The Chief Operating Officer, with the approval of the Secretary of Defense, shall from time to time prescribe the fees required by subsection (a). Changes to such fees shall be based on the financial needs of the Retirement Home and the ability of the residents to pay. A change of a fee may not take effect until 120 days after the Secretary of Defense transmits a notification of the change to the Committees on Armed Services of the Senate and the House of Representatives.
(2)
(A)
The fee shall be fixed as a percentage of the monthly income and monthly payments (including Federal payments) received by a resident. The percentage shall be the same for each facility of the Retirement Home. The Secretary of Defense may make any adjustment in a percentage that the Secretary determines appropriate.
(B)
The calculation of monthly income and monthly payments under subparagraph (A) for a resident eligible under section 1512(a)(5) shall not be less than the retirement pay for equivalent active duty service as determined by the Chief Operating Officer, except as the Chief Operating Officer may provide because of the compelling personal circumstances of such resident.
(3)
The fee shall be subject to a limitation on maximum monthly amount. The amount of the limitation shall be increased, effective on January 1 of each year, by the percentage of the increase in retired pay and retainer pay that takes effect on the preceding December 1 under subsection (b) of section 1401a of title 10, United States Code, without regard to paragraph (3) of such subsection.
(4)
The Administrator of each facility of the Retirement Home may collect a fee upon admission from a resident accepted under section 1512(a)(5) equal to the deductions then in effect under section 1007(i)(1) of title 37, United States Code, for each year of service computed under chapter 1223 of title 10, United States Code, and shall deposit such fee in the Armed Forces Retirement Home Trust Fund.
SEC. 1515.
[24 U.S.C. 415]

CHIEF OPERATING OFFICER.
(a)

Appointment.—
(1)
The Secretary of Defense shall appoint the Chief Operating Officer of the Retirement Home.
(2)
The Chief Operating Officer shall serve at the pleasure of the Secretary of Defense.
(3)
The Secretary of Defense shall evaluate the performance of the Chief Operating Officer at least once each year.
(b)

Qualifications.—
To qualify for appointment as the Chief Operating Officer, a person shall—
(1)
be a continuing care retirement community professional;
(2)
have appropriate leadership and management skills; and
(3)
have experience and expertise in the operation and management of retirement homes and in the provision of long-term medical care for older persons.
(c)

Responsibilities.—
(1)
The Chief Operating Officer shall be responsible to the Secretary of Defense for the overall direction, operation, and management of the Retirement Home and shall report to the Secretary on those matters.
(2)
The Chief Operating Officer shall supervise the operation and administration of the Armed Forces Retirement Home—Washington and the Armed Forces Retirement Home—Gulfport.
(3)
The Chief Operating Officer shall perform the following duties:
(A)
Issue, and ensure compliance with, appropriate rules for the operation of the Retirement Home.
(B)
Periodically visit, and inspect the operation of, the facilities of the Retirement Home.
(C)
Periodically examine and audit the accounts of the Retirement Home.
(D)
Establish any advisory body or bodies that the Chief Operating Officer considers to be necessary.
(d)

Compensation.—
(1)
The Secretary of Defense may prescribe the pay of the Chief Operating Officer, except that the annual rate of basic pay, including locality pay, of the Chief Operating Officer may not exceed the annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code.
(2)
In addition to basic pay and any locality pay prescribed for the Chief Operating Officer, the Secretary may award the Chief Operating Officer, not more than once each year, a bonus based on the performance of the Chief Operating Officer for the year. The Secretary shall prescribe the amount of any such bonus.
(3)
The total amount of the basic pay and bonus paid the Chief Operating Officer for a year under this section may not exceed the annual rate of basic pay payable for level I of the Executive Schedule under section 5312 of title 5, United States Code.
(e)

Administrative Staff.—
(1)
The Chief Operating Officer may, subject to the approval of the Secretary of Defense, appoint a staff to assist in the performance of the Chief Operating Officer's duties in the overall administration of the Retirement Home.
(2)
The Chief Operating Officer shall prescribe the rates of pay applicable to the members of the staff appointed under paragraph (1), except that—
(A)
a staff member who is a member of the Armed Forces on active duty or who is a full-time officer or employee of the United States may not receive additional pay by reason of service on the administrative staff; and
(B)
the limitations in section 5373 of title 5, United States Code, relating to pay set by administrative action, shall apply to the rates of pay prescribed under this paragraph.
(f)

Acceptance of Gifts.—
(1)
The Chief Operating Officer may accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property, or any income therefrom or other interest therein, for the benefit of the Retirement Home.
(2)
Monies received as gifts, or realized from the disposition of property and facilities received as gifts, shall be deposited in the Armed Forces Retirement Home Trust Fund.
SEC. 1516.
[24 U.S.C. 416]

ADVISORY COUNCIL.
(a)

Establishment.—
The Retirement Home shall have an Advisory Council, to be known as the “Armed Forces Retirement Home Advisory Council”. The Advisory Council shall serve the interests of both facilities of the Retirement Home.
(b)

Duties.—
(1)
The Advisory Council shall provide to the Chief Operating Officer and the Administrator of each facility such guidance and recommendations on the administration of the Retirement Home and the quality of care provided to residents as the Advisory Council considers appropriate.
(2)
Not less often than annually, the Advisory Council shall submit to the Secretary of Defense a report summarizing its activities during the preceding year and providing such observations and recommendations with respect to the Retirement Home as the Advisory Council considers appropriate.
(3)
In carrying out its functions, the Advisory Council shall provide for participation in its activities by a representative of the Resident Advisory Committee of each facility of the Retirement Home.
(c)

Composition.—
(1)
The Advisory Council shall consist of at least 15 members.
(2)
Members of the Advisory Council shall be designated by the Secretary of Defense, except that an individual who is not an employee of the Department of Defense shall be designated, in consultation with the Secretary of Defense, by the head of the Federal department or agency that employs the individual.
(3)
The Advisory Council shall include the following members:
(A)
One member who is an expert in nursing home or retirement home administration and financing.
(B)
One member who is an expert in gerontology.
(C)
One member who is an expert in financial management.
(D)
Two representatives of the Department of Veterans Affairs, one to be designated from each of the regional offices nearest in proximity to the facilities of the Retirement Home.
(E)
The Chairpersons of the Resident Advisory Committees.
(F)
One enlisted representative of the Services' Retiree Advisory Council.
(G)
The senior noncommissioned officer of one of the Armed Forces.
(H)
Two senior representatives of military medical treatment facilities, one to be designated from each of the military hospitals nearest in proximity to the facilities of the Retirement Home.
(I)
One senior judge advocate from one of the Armed Forces.
(J)
One senior representative of one of the chief personnel officers of the Armed Forces.
(K)
Such other members as the Secretary of Defense may designate.
(4)
The Administrator of the each facility of the Retirement Home shall be a nonvoting member of the Advisory Council.
(5)
The Secretary of Defense shall designate one member of the Advisory Council to serve as the Chairperson of the Advisory Council. The Chairperson shall conduct the meetings of the Advisory Council.
(d)

Term of Service.—
(1)
Except as provided in paragraphs (2), (3), and (4), the term of service of a member of the Advisory Council shall be two years. The Secretary of Defense may designate a member to serve one additional term.
(2)
Unless earlier terminated by the Secretary of Defense, a person may continue to serve as a member of the Advisory Council after the expiration of the member's term until a successor is designated.
(3)
The Secretary of Defense may terminate the term of service of a member of the Advisory Council before the expiration of the member's term.
(4)
A member of the Advisory Council serves as a member of the Advisory Council only for as long as the member is assigned to or serving in a position for which the duties include the duty to serve as a member of the Advisory Council.
(e)

Vacancies.—
A vacancy in the Advisory Council shall be filled in the manner in which the original designation was made. A member designated to fill a vacancy occurring before the end of the term of the predecessor shall be designated for the remainder of the term of the predecessor. A vacancy in the Advisory Council shall not affect its authority to perform its duties.
(f)

Compensation.—
(1)
Except as provided in paragraph (2), a member of the Advisory Council may—
(A)
be provided a stipend consistent with the daily government consultant fee for each day on which the member is engaged in the performance of services for the Advisory Council; and
(B)
while away from home or regular place of business in the performance of services for the Advisory Council, be allowed travel expenses (including per diem in lieu of subsistence) in the same manner as a person employed intermittently in Government under sections 5701 through 5707 of title 5, United States Code.
(2)
A member of the Advisory Council who is a member of the Armed Forces on active duty or a full-time officer or employee of the United States shall receive no additional pay by reason of serving as a member of the Advisory Council.
SEC. 1516A.
[24 U.S.C. 416a]

RESIDENT ADVISORY COMMITTEES.
(a)

Establishment and Purpose.—
(1)
A Resident Advisory Committee is an elected body of residents at each facility of the Retirement Home established to provide a forum for all residents to express their needs, ideas, and interests through elected representatives of their respective floor or area.
(2)
A Resident Advisory Committee—
(A)
serves as a forum for ideas, recommendations, and representation to management of that facility of the Retirement Home to enhance the morale, safety, health, and well-being of residents; and
(B)
provides a means to communicate policy and general information between residents and management.
(b)

Election Process.—
The election process for the Resident Advisory Committee at a facility of the Retirement Home shall be coordinated by the facility Ombudsman.
(c)

Chairperson.—
(1)
The Chairperson of a Resident Advisory Committee shall be elected at large and serve a two-year term.
(2)
Chairpersons serve as a liaison to the Administrator and are voting members of the Advisory Council. Chairpersons shall create meeting agendas, conduct the meetings, and provide a copy of the minutes to the Administrator, who will forward the copy to the Chief Operating Officer for approval.
(d)

Meetings.—
At a minimum, meetings of a Resident Advisory Committee shall be conducted quarterly.
SEC. 1517.
[24 U.S.C. 417]

ADMINISTRATORS, OMBUDSMEN, AND STAFF OF FACILITIES.
(a)

Appointment.—
The Secretary of Defense shall appoint an Administrator and an Ombudsman for each facility of the Retirement Home.
(b)

Administrator.—
The Administrator of a facility shall—
(1)
be a civilian with experience as a continuing care retirement community professional or a member of the Armed Forces serving on active duty in a grade below brigadier general or, in the case of the Navy, rear admiral (lower half);
(2)
have appropriate leadership and management skills;
(3)
be required to pursue a course of study to receive certification as a retirement facilities director by an appropriate civilian certifying organization, if the Administrator is not so certified at the time of appointment; and
(4)
serve at the pleasure of the Secretary of Defense.
(c)

Duties of Administrator.—
(1)
The Administrator of a facility shall be responsible for the day-to-day operation of the facility, including the acceptance of applicants to be residents of that facility.
(2)
The Administrator of a facility shall keep accurate and complete records of the facility.
(d)

Ombudsman.—
(1)
The Ombudsman of a facility shall—
(A)
be a member of the Armed Forces serving on active duty in the grade of Sergeant Major, Master Chief Petty Officer, or Chief Master Sergeant or a member or former member retired in that grade; and
(B)
have appropriate leadership and management skills.
(2)
The Ombudsman of a facility shall serve at the pleasure of the Secretary of Defense.
(e)

Duties of Ombudsman.—
(1)
The Ombudsman of a facility shall, under the authority, direction, and control of the Administrator of the facility, serve as ombudsman for the residents and perform such other duties as the Administrator may assign.
(2)
The Ombudsman may provide information to the Administrator, the Chief Operating Officer, the Senior Medical Advisor, and the Secretary of Defense.
(f)

Staff.—
(1)
The Administrator of a facility may, subject to the approval of the Chief Operating Officer, appoint and prescribe the pay of such principal staff as the Administrator considers appropriate to assist the Administrator in operating the facility.
(2)
The principal staff of a facility shall include persons with experience and expertise in the operation and management of retirement homes and in the provision of long-term medical care for older persons.
(g)

Annual Evaluation of Administrators.—
(1)
The Chief Operating Officer shall evaluate the performance of each of the Administrators of the facilities of the Retirement Home each year.
(2)
The Chief Operating Officer shall submit to the Secretary of Defense any recommendations regarding an Administrator that the Chief Operating Officer determines appropriate taking into consideration the annual evaluation.
SEC. 1518.
[24 U.S.C. 418]

PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES.
(a)

Inspections.—
The Chief Operating Officer shall request the inspection of each facility of the Retirement Home by a nationally recognized civilian accrediting organization in accordance with section 1511(g) on a frequency consistent with the standards of such organization.
(b)

Availability of Staff and Records.—
The Chief Operating Officer and the Administrator of a facility being inspected under this section shall make all staff, other personnel, and records of the facility available to the civilian accrediting organization in a timely manner for purposes of inspections under this section.
(c)

Reports.—
Not later than 60 days after receiving a report on an inspection from the civilian accrediting organization under this section, the Chief Operating Officer shall submit to the Secretary of Defense, the Senior Medical Advisor, and the Advisory Council a report containing—
(1)
the results of the inspection; and
(2)
a plan to address any recommendations and other matters set forth in the report.
SEC. 1519.
[24 U.S.C. 419]

ARMED FORCES RETIREMENT HOME TRUST FUND.
(a)

Establishment.—
There is hereby established in the Treasury of the United States a trust fund to be known as the Armed Forces Retirement Home Trust Fund. The Fund shall consist of the following:
(1)
Such amounts as may be transferred to the Fund.
(2)
Moneys deposited in the Fund by the Chief Operating Officer realized from gifts or from the disposition of property and facilities.
(3)
Amounts deposited in the Fund as monthly fees paid by residents of the Retirement Home under section 1514.
(4)
Amounts of fines and forfeitures deposited in the Fund under section 2772 of title 10, United States Code.
(5)
Amounts deposited in the Fund as deductions from the pay of enlisted members, warrant officers, and limited duty officers under section 1007(i) of title 37, United States Code.
(6)
Interest from investments made under subsection (c).
(b)

Availability and Use of Fund.—
Amounts in the Fund shall be available solely for the operation of the Retirement Home.
(c)

Investments.—
The Secretary of the Treasury may invest in obligations issued or guaranteed by the United States any monies in the Fund that the Chief Operating Officer determines are not currently needed to pay for the operation of the Retirement Home.
(d)

Reporting Requirements.—
The Chief Financial Officer of the Armed Forces Retirement Home shall comply with the reporting requirements of subchapter II of chapter 35 of title 31, United States Code.
SEC. 1520.
[24 U.S.C. 420]

DISPOSITION OF EFFECTS OF DECEASED PERSONS; UNCLAIMED PROPERTY.
(a)

Disposition of Effects of Deceased Persons.—
The Administrator of a facility of the Retirement Home shall safeguard and dispose of the estate and personal effects of deceased residents, including effects delivered to such facility under sections 7712(f) and 9712(f) of title 10, United States Code, and shall ensure the following:
(1)
A will or other instrument of a testamentary nature involving property rights executed by a resident shall be promptly delivered, upon the death of the resident, to the proper court of record.
(2)
If a resident dies intestate and the heirs or legal representative of the deceased cannot be immediately ascertained, the Administrator shall retain all property left by the decedent for a three-year period beginning on the date of the death. If entitlement to such property is established to the satisfaction of the Administrator at any time during the three-year period, the Administrator shall distribute the decedent's property, in equal pro-rata shares when multiple beneficiaries have been identified, to the highest following categories of identified survivors (listed in the order of precedence indicated):
(A)
The surviving spouse or legal representative.
(B)
The children of the deceased.
(C)
The parents of the deceased.
(D)
The siblings of the deceased.
(E)
The next-of-kin of the deceased.
(b)

Sale of Effects.—
(1)
(A)
If the disposition of the estate of a resident of the Retirement Home cannot be accomplished under subsection (a)(2) or if a resident dies testate and the nominated fiduciary, legatees, or heirs of the resident cannot be immediately ascertained, the entirety of the deceased resident's domiciliary estate and the entirety of any ancillary estate that is unclaimed at the end of the three-year period beginning on the date of the death of the resident shall escheat to the Retirement Home.
(B)
Upon the sale of any such unclaimed estate property, the proceeds of the sale shall be deposited in the Armed Forces Retirement Home Trust Fund.
(C)
If a personal representative or other fiduciary is appointed to administer a deceased resident's estate and the administration is completed before the end of such three-year period, the balance of the entire net proceeds of the estate, less expenses, shall be deposited directly in the Armed Forces Retirement Home Trust Fund. The heirs or legatees of the deceased resident may file a claim made with the Secretary of Defense to reclaim such proceeds. A determination of the claim by the Secretary shall be subject to judicial review exclusively by the United States Court of Federal Claims.
(2)
(A)
The Administrator of a facility of the Retirement Home may designate an attorney who is a full-time officer or employee of the United States or a member of the Armed Forces on active duty to serve as attorney or agent for the facility in any probate proceeding in which the Retirement Home may have a legal interest as nominated fiduciary, testamentary legatee, escheat legatee, or in any other capacity.
(B)
An attorney designated under this paragraph may, in the domiciliary jurisdiction of the deceased resident and in any ancillary jurisdiction, petition for appointment as fiduciary. The attorney shall have priority over any petitioners (other than the deceased resident's nominated fiduciary, named legatees, or heirs) to serve as fiduciary. In a probate proceeding in which the heirs of an intestate deceased resident cannot be located and in a probate proceeding in which the nominated fiduciary, legatees, or heirs of a testate deceased resident cannot be located, the attorney shall be appointed as the fiduciary of the deceased resident's estate.
(3)
The designation of an employee or representative of a facility of the Retirement Home as personal representative of the estate of a resident of the Retirement Home or as a legatee under the will or codicil of the resident shall not disqualify an employee or staff member of that facility from serving as a competent witness to a will or codicil of the resident.
(4)
After the end of the three-year period beginning on the date of the death of a resident of a facility, the Administrator of the facility shall dispose of all property of the deceased resident that is not otherwise disposed of under this subsection, including personal effects such as decorations, medals, and citations to which a right has not been established under subsection (a). Disposal may be made within the discretion of the Administrator by—
(A)
retaining such property or effects for the facility;
(B)
offering such items to the Secretary of Veterans Affairs, a State, another military home, a museum, or any other institution having an interest in such items; or
(C)
destroying any items determined by the Administrator to be valueless.
(c)

Transfer of Proceeds to the Fund.—
The net proceeds received by the Administrators from the sale of effects under subsection (b) shall be deposited in the Fund.
(d)

Subsequent Claim.—
(1)
A claim for the net proceeds of the sale under subsection (b) of the effects of a deceased may be filed with the Secretary of Defense at any time within six years after the death of the deceased, for action under section 2771 of title 10, United States Code.
(2)
A claim referred to in paragraph (1) may not be considered by a court or the Secretary unless the claim is filed within the time period prescribed in such paragraph.
(3)
A claim allowed by the Secretary under paragraph (1) shall be certified to the Secretary of the Treasury for payment from the Fund in the amount found due, including any interest relating to the amount. No claim may be allowed or paid in excess of the net proceeds of the estate deposited in the Fund under subsection (c) plus interest.
(e)

Unclaimed Property.—
In the case of property delivered to the Retirement Home under section 2575 of title 10, United States Code, the Administrator of the facility shall deliver the property to the owner, the heirs or next of kin of the owner, or the legal representative of the owner, if a right to the property is established to the satisfaction of the Administrator of the facility within two years after the delivery.
SEC. 1521.
[24 U.S.C. 421]

PAYMENT OF RESIDENTS FOR SERVICES.
(a)

Authority.—
The Chief Operating Officer is authorized to accept for the Armed Forces Retirement Home the part-time or intermittent services of a resident of the Retirement Home, to pay the resident for such services, and to fix the rate of such pay.
(b)

Employment Status.—
A resident receiving pay for services authorized under subsection (a) shall not, by reason of performing such services and receiving pay for such services, be considered as—
(1)
receiving the pay of a position or being employed in a position for the purposes of section 5532 of title 5, United States Code; or
(2)
being an employee of the United States for any purpose other than—
(A)
subchapter I of chapter 81 of title 5, United States Code (relating to compensation for work-related injuries); and
(B)
chapter 171 of title 28, United States Code (relating to claims for damages or loss).
(c)

Definition.—
In subsection (b)(1), the term “position” has the meaning given that term in section 5531 of title 5, United States Code.
SEC. 1522.
[24 U.S.C. 422]

AUTHORITY TO ACCEPT CERTAIN UNCOMPENSATED SERVICES.
(a)

Authority To Accept Services.—
Subject to subsection (b) and notwithstanding section 1342 of title 31, United States Code, the Chief Operating Officer or the Administrator of a facility of the Retirement Home may accept from any person voluntary personal services or gratuitous services.
(b)

Requirements and Limitations.—
(1)
The Chief Operating Officer or the Administrator of a facility accepting the services shall notify the person offering the services of the scope of the services accepted.
(2)
The Chief Operating Officer or Administrator shall—
(A)
supervise the person providing the services to the same extent as that official would supervise a compensated employee providing similar services; and
(B)
ensure that the person is licensed, privileged, has appropriate credentials, or is otherwise qualified under applicable laws or regulations to provide such services.
(3)
A person providing services accepted under subsection (a) may not—
(A)
serve in a policymaking position of the Retirement Home; or
(B)
be compensated for the services by the Retirement Home.
(c)

Authority To Recruit and Train Persons Providing Services.—
The Chief Operating Officer or the Administrator of a facility of the Retirement Home may recruit and train persons to provide services authorized to be accepted under subsection (a).
(d)

Status of Persons Providing Services.—
(1)
Subject to paragraph (3), while providing services accepted under subsection (a) or receiving training under subsection (c), a person shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law:
(A)
Subchapter I of chapter 81 of title 5, United States Code (relating to compensation for work-related injuries).
(B)
Chapter 171 of title 28, United States Code (relating to claims for damages or loss).
(2)
A person providing services accepted under subsection (a) shall be considered to be an employee of the Federal Government under paragraph (1) only with respect to services that are within the scope of the services accepted.
(3)
For purposes of determining the compensation for work-related injuries payable under chapter 81 of title 5, United States Code (pursuant to this subsection) to a person providing services accepted under subsection (a), the monthly pay of the person for such services shall be deemed to be the amount determined by multiplying—
(A)
the average monthly number of hours that the person provided the services, by
(B)
the minimum wage determined in accordance with section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).
(e)

Reimbursement of Incidental Expenses.—
The Chief Operating Officer or the Administrator of a facility accepting services under subsection (a) may provide for reimbursement of a person for incidental expenses incurred by the person in providing the services accepted under subsection (a). The Chief Operating Officer or Administrator shall determine which expenses qualify for reimbursement under this subsection.
SEC. 1523.
[24 U.S.C. 423]

PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS AT THE ARMED FORCES RETIREMENT HOME—WASHINGTON.
(a)

Historic Nature of Facility.—
Congress finds the following:
(1)
Four buildings located on six acres of the establishment of the Retirement Home known as the Armed Forces Retirement Home—Washington are included on the National Register of Historic Places maintained by the Secretary of the Interior.
(2)
Amounts in the Armed Forces Retirement Home Trust Fund, which consists primarily of deductions from the pay of members of the Armed Forces, are insufficient to both maintain and operate the Retirement Home for the benefit of the residents of the Retirement Home and adequately maintain, repair, and preserve these historic buildings and grounds.
(3)
Other sources of funding are available to contribute to the maintenance, repair, and preservation of these historic buildings and grounds.
(b)

Authority To Accept Assistance.—
The Chief Operating Officer and the Administrator of the Armed Forces Retirement Home—Washington may apply for and accept a direct grant from the Secretary of the Interior under section 101(e)(3) of the National Historic Preservation Act (16 U.S.C. 470a(e)(3)) for the purpose of maintaining, repairing, and preserving the historic buildings and grounds of the Armed Forces Retirement Home—Washington included on the National Register of Historic Places.
(c)

Requirements and Limitations.—
Amounts received as a grant under subsection (b) shall be deposited in the Fund, but shall be kept separate from other amounts in the Fund. The amounts received may only be used for the purpose specified in subsection (b).
SEC. 1524.
[24 U.S.C. 424]

CONDITIONAL SUPERVISORY CONTROL OF RETIREMENT HOME BOARD BY SECRETARY OF DEFENSE.
[Repealed. P.L. 107–107, §1410(a)(5), Dec. 28, 2001, 115 Stat. 1266]
[Section 567(a) of division A of Public Law 112–81 repeals Part B of the Armed Forces Retirement Home Act of 1991, consisting of sections 1531, 1532, and 1533 relating to transitional provisions for the Armed Forces Retirement Home Board and the Directors and Deputy Directors of the facilities of the Armed Forces Retirement Home (24 U.S.C. 431, 432, 433).]
[Part C—Effective Date and Authorization of Appropriations]
[SECS. 1541–1542. Repealed. P.L. 107–107, §1410(b)(3), Dec. 28, 2001, 115 Stat. 1266]
* * * * * * *
DIVISION B—

MILITARY CONSTRUCTION AUTHORIZATIONS
* * * * * * *
TITLE XXIX—

DEFENSE BASE CLOSURES AND REALIGNMENTS
Part A—

Defense Base Closure and Realignment Commission
SEC. 2901.

SHORT TITLE AND PURPOSE
(a)

Short Title.—
This part may be cited as the “Defense Base Closure and Realignment Act of 1990”.
(b)

Purpose.—
The purpose of this part is to provide a fair process that will result in the timely closure and realignment of military installations inside the United States.
SEC. 2902.

THE COMMISSION
(a)

Establishment.—
There is established an independent commission to be known as the “Defense Base Closure and Realignment Commission”.
(b)

Duties.—
The Commission shall carry out the duties specified for it in this part.
(c)

Appointment.—
(1)
(A)
The Commission shall be composed of eight members appointed by the President, by and with the advise and consent of the Senate.
(B)
The President shall transmit to the Senate the nominations for appointment to the Commission—
(i)
by no later than January 3, 1991, in the case of members of the Commission whose terms will expire at the end of the first session of the 102nd Congress;
(ii)
by no later than January 25, 1993, in the case of members of the Commission whose terms will expire at the end of the first session of the 103rd Congress; and
(iii)
by no later than January 3, 1995, in the case of members of the Commission whose terms will expire at the end of the first session of the 104th Congress.
(C)
If the President does not transmit to Congress the nominations for appointment to the Commission on or before the date specified for 1993 in clause (ii) of subparagraph (B) or for 1995 in clause (iii) of such subparagraph, the process by which military installations may be selected for closure or realignment under this part with respect to that year shall be terminated.
(2)
In selecting individuals for nominations for appointments to the Commission, the President should consult with—
(A)
the Speaker of the House of Representatives concerning the appointment of two members;
(B)
the majority leader of the Senate concerning the appointment of two members;
(C)
the minority leader of the House of Representatives concerning the appointment of one member; and
(D)
the minority leader of the Senate concerning the appointment of one member.
(3)
At the time the President nominates individuals for appointment to the Commission for each session of Congress referred to in paragraph (1)(B), the President shall designate one such individual who shall serve as Chairman of the Commission.
(d)

Terms.—
(1)
Except as provided in paragraph (2), each member of the Commission shall serve until the adjournment of Congress sine die for the session during which the member was appointed to the Commission.
(2)
The Chairman of the Commission shall serve until the confirmation of a successor.
(e)

Meetings.—
(1)
The Commission shall meet only during calendar years 1991, 1993, and 1995.
(2)
(A)
Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public.
(B)
All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the following:
(i)
The Chairman and the ranking minority party member of the Subcommittee on Readiness and Management Support of the Committee on Armed Services of the Senate, or such other members of the Subcommittee designated by such Chairman or ranking minority party member.
(ii)
The Chairman and the ranking minority party member of the Subcommittee on Readiness of the Committee on Armed Services of the House of Representatives, or such other members of the Subcommittee designated by such Chairman or ranking minority party member.
(iii)
The Chairmen and ranking minority party members of the Subcommittees on Military Construction of the Committees on Appropriations of the Senate and of the House of Representatives, or such other members of the Subcommittees designated by such Chairmen or ranking minority party members.
(f)

Vacancies.—
A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual's predecessor was appointed.
(g)

Pay and Travel Expenses.—
(1)
(A)
Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission.
(B)
The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code.
(2)
Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.
(h)

Director of Staff.—
(1)
The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a Director who has not served on active duty in the Armed Forces or as a civilian employee of the Department of Defense during the one-year period preceding the date of such appointment.
(2)
The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(i)

Staff.—
(1)
Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel.
(2)
The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule.
(3)
(A)
Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from the Department of Defense.
(B)
(i)
Not more than one-fifth of the professional analysts of the Commission staff may be persons detailed from the Department of Defense to the Commission.
(ii)
No person detailed from the Department of Defense to the Commission may be assigned as the lead professional analyst with respect to a military department or defense agency.
(C)
A person may not be detailed from the Department of Defense to the Commission if, within 12 months before the detail is to begin, that person participated personally and substantially in any matter within the Department of Defense concerning the preparation of recommendations for closures or realignments of military installations.
(D)
No member of the Armed Forces, and no officer or employee of the Department of Defense, may—
(i)
prepare any report concerning the effectiveness, fitness, or efficiency of the performance on the staff of the Commission of any person detailed from the Department of Defense to that staff;
(ii)
review the preparation of such a report; or
(iii)
approve or disapprove such a report.
(4)
Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this part.
(5)
The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission.
(6)
The following restrictions relating to the personnel of the Commission shall apply during 1992 and 1994:
(A)
There may not be more than 15 persons on the staff at any one time.
(B)
The staff may perform only such functions as are necessary to prepare for the transition to new membership on the Commission in the following year.
(C)
No member of the Armed Forces and no employee of the Department of Defense may serve on the staff.
(j)

Other Authority.—
(1)
The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code.
(2)
The Commission may lease space and acquire personal property to the extent funds are available.
(k)

Funding.—
(1)
There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this part. Such funds shall remain available until expended.
(2)
If no funds are appropriated to the Commission by the end of the second session of the 101st Congress, the Secretary of Defense may transfer, for fiscal year 1991, to the Commission funds from the Department of Defense Base Closure Account established by section 207 of Public Law 100–526. Such funds shall remain available until expended.
(3)
(A)
The Secretary may transfer not more than $300,000 from unobligated funds in the account referred to in subparagraph (B) for the purpose of assisting the Commission in carrying out its duties under this part during October, November, and December 1995. Funds transferred under the preceding sentence shall remain available until December 31, 1995.
(B)
The account referred to in subparagraph (A) is the Department of Defense Base Closure Account established under section 207(a) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).
(l)

Termination.—
The Commission shall terminate on December 31, 1995.
(m)

Prohibition Against Restricting Communications.—
Section 1034 of title 10, United States Code, shall apply with respect to communications with the Commission.
SEC. 2903.

PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE CLOSURES AND REALIGNMENTS
(a)

Force-Structure Plan.—
(1)
As part of the budget justification documents submitted to Congress in support of the budget for the Department of Defense for each of the fiscal years 1992, 1994, and 1996, the Secretary shall include a force-structure plan for the Armed Forces based on an assessment by the Secretary of the probable threats to the national security during the six-year period beginning with the fiscal year for which the budget request is made and of the anticipated levels of funding that will be available for national defense purposes during such period.
(2)
Such plan shall include, without any reference (directly or indirectly) to military installations inside the United States that may be closed or realigned under such plan—
(A)
a description of the assessment referred to in paragraph (1);
(B)
a description (i) of the anticipated force structure during and at the end of each such period for each military department (with specifications of the number and type of units in the active and reserve forces of each such department), and (ii) of the units that will need to be forward based (with a justification thereof) during and at the end of each such period; and
(C)
a description of the anticipated implementation of such force-structure plan.
(3)
The Secretary shall also transmit a copy of each such force-structure plan to the Commission.
(b)

Selection Criteria.—
(1)
The Secretary shall, by no later than December 31, 1990, publish in the Federal Register and transmit to the congressional defense committees the criteria proposed to be used by the Department of Defense in making recommendations for the closure or realignment of military installations inside the United States under this part. The Secretary shall provide an opportunity for public comment on the proposed criteria for a period of at least 30 days and shall include notice of that opportunity in the publication required under the preceding sentence.
(2)
(A)
The Secretary shall, by no later than February 15, 1991, publish in the Federal Register and transmit to the congressional defense committees the final criteria to be used in making recommendations for the closure or realignment of military installations inside the United States under this part. Except as provided in subparagraph (B), such criteria shall be the final criteria to be used, along with the force-structure plan referred to in subsection (a), in making such recommendations unless disapproved by a joint resolution of Congress enacted on or before March 15, 1991.
(B)
The Secretary may amend such criteria, but such amendments may not become effective until they have been published in the Federal Register, opened to public comment for at least 30 days, and then transmitted to the congressional defense committees in final form by no later than January 15 of the year concerned. Such amended criteria shall be the final criteria to be used, along with the force-structure plan referred to in subsection (a), in making such recommendations unless disapproved by a joint resolution of Congress enacted on or before February 15 of the year concerned.
(c)

DOD Recommendations.—
(1)
The Secretary may, by no later than April 15, 1991, March 15, 1993, and March 1, 1995, publish in the Federal Register and transmit to the congressional defense committees and to the Commission a list of the military installations inside the United States that the Secretary recommends for closure or realignment on the basis of the force-structure plan and the final criteria referred to in subsection (b)(2) that are applicable to the year concerned.
(2)
The Secretary shall include, with the list of recommendations published and transmitted pursuant to paragraph (1), a summary of the selection process that resulted in the recommendation for each installation, including a justification for each recommendation. The Secretary shall transmit the matters referred to in the preceding sentence not later than 7 days after the date of the transmittal to the congressional defense committees and the Commission of the list referred to in paragraph (1).
(3)
(A)
In considering military installations for closure or realignment, the Secretary shall consider all military installations inside the United States equally without regard to whether the installation has been previously considered or proposed for closure or realignment by the Department.
(B)
In considering military installations for closure or realignment, the Secretary may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an installation.
(C)
For purposes of subparagraph (B), in the case of a community anticipating the economic effects of a closure or realignment of a military installation, advance conversion planning—
(i)
shall include community adjustment and economic diversification planning undertaken by the community before an anticipated selection of a military installation in or near the community for closure or realignment; and
(ii)
may include the development of contingency redevelopment plans, plans for economic development and diversification, and plans for the joint use (including civilian and military use, public and private use, civilian dual use, and civilian shared use) of the property or facilities of the installation after the anticipated closure or realignment.
(4)
In addition to making all information used by the Secretary to prepare the recommendations under this subsection available to Congress (including any committee or member of Congress), the Secretary shall also make such information available to the Commission and the Comptroller General of the United States.
(5)
(A)
Each person referred to in subparagraph (B), when submitting information to the Secretary of Defense or the Commission concerning the closure or realignment of a military installation, shall certify that such information is accurate and complete to the best of that person's knowledge and belief.
(B)
Subparagraph (A) applies to the following persons:
(i)
The Secretaries of the military departments.
(ii)
The heads of the Defense Agencies.
(iii)
Each person who is in a position the duties of which include personal and substantial involvement in the preparation and submission of information and recommendations concerning the closure or realignment of military installations, as designated in regulations which the Secretary of Defense shall prescribe, regulations which the Secretary of each military department shall prescribe for personnel within that military department, or regulations which the head of each Defense Agency shall prescribe for personnel within that Defense Agency.
(6)
Any information provided to the Commission by a person described in paragraph (5)(B) shall also be submitted to the Senate and the House of Representatives to be made available to the Members of the House concerned in accordance with the rules of that House. The information shall be submitted to the Senate and House of Representatives within 24 hours after the submission of the information to the Commission.
(d)

Review and Recommendations by the Commission.—
(1)
After receiving the recommendations from the Secretary pursuant to subsection (c) for any year, the Commission shall conduct public hearings on the recommendations. All testimony before the Commission at a public hearing conducted under this paragraph shall be presented under oath.
(2)
(A)
The Commission shall, by no later than July 1 of each year in which the Secretary transmits recommendations to it pursuant to subsection (c), transmit to the President a report containing the Commission's findings and conclusions based on a review and analysis of the recommendations made by the Secretary, together with the Commission's recommendations for closures and realignments of military installations inside the United States.
(B)
Subject to subparagraph (C), in making its recommendations, the Commission may make changes in any of the recommendations made by the Secretary if the Commission determines that the Secretary deviated substantially from the force-structure plan and final criteria referred to in subsection (c)(1) in making recommendations.
(C)
In the case of a change described in subparagraph (D) in the recommendations made by the Secretary, the Commission may make the change only if the Commission—
(i)
makes the determination required by subparagraph (B);
(ii)
determines that the change is consistent with the force-structure plan and final criteria referred to in subsection (c)(1);
(iii)
publishes a notice of the proposed change in the Federal Register not less than 45 days before transmitting its recommendations to the President pursuant to paragraph (2); and
(iv)
conducts public hearings on the proposed change.
(D)
Subparagraph (C) shall apply to a change by the Commission in the Secretary's recommendations that would—
(i)
add a military installation to the list of military installations recommended by the Secretary for closure;
(ii)
add a military installation to the list of military installations recommended by the Secretary for realignment; or
(iii)
increase the extent of a realignment of a particular military installation recommended by the Secretary.
(E)
In making recommendations under this paragraph, the Commission may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of a military installation.
(3)
The Commission shall explain and justify in its report submitted to the President pursuant to paragraph (2) any recommendation made by the Commission that is different from the recommendations made by the Secretary pursuant to subsection (c). The Commission shall transmit a copy of such report to the congressional defense committees on the same date on which it transmits its recommendations to the President under paragraph (2).
(4)
After July 1 of each year in which the Commission transmits recommendations to the President under this subsection, the Commission shall promptly provide, upon request, to any Member of Congress information used by the Commission in making its recommendations.
(5)
The Comptroller General of the United States shall—
(A)
assist the Commission, to the extent requested, in the Commission's review and analysis of the recommendations made by the Secretary pursuant to subsection (c); and
(B)
by no later than April 15 of each year in which the Secretary makes such recommendations, transmit to the Congress and to the Commission a report containing a detailed analysis of the Secretary's recommendations and selection process.
(e)

Review by the President.—
(1)
The President shall, by no later than July 15 of each year in which the Commission makes recommendations under subsection (d), transmit to the Commission and to the Congress a report containing the President's approval or disapproval of the Commission's recommendations.
(2)
If the President approves all the recommendations of the Commission, the President shall transmit a copy of such recommendations to the Congress, together with a certification of such approval.
(3)
If the President disapproves the recommendations of the Commission, in whole or in part, the President shall transmit to the Commission and the Congress the reasons for that disapproval. The Commission shall then transmit to the President, by no later than August 15 of the year concerned, a revised list of recommendations for the closure and realignment of military installations.
(4)
If the President approves all of the revised recommendations of the Commission transmitted to the President under paragraph (3), the President shall transmit a copy of such revised recommendations to the Congress, together with a certification of such approval.
(5)
If the President does not transmit to the Congress an approval and certification described in paragraph (2) or (4) by September 1 of any year in which the Commission has transmitted recommendations to the President under this part, the process by which military installations may be selected for closure or realignment under this part with respect to that year shall be terminated.
SEC. 2904.

CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
(a)

In General.—
Subject to subsection (b), the Secretary shall—
(1)
close all military installations recommended for closure by the Commission in each report transmitted to the Congress by the President pursuant to section 2903(e);
(2)
realign all military installations recommended for realignment by such Commission in each such report;
(3)
carry out the privatization in place of a military installation recommended for closure or realignment by the Commission in the 2005 report only if privatization in place is a method of closure or realignment of the military installation specified in the recommendations of the Commission in such report and is determined by the Commission to be the most cost-effective method of implementation of the recommendation;
(4)
initiate all such closures and realignments no later than two years after the date on which the President transmits a report to the Congress pursuant to section 2903(e) containing the recommendations for such closures or realignments; and
(5)
complete all such closures and realignments no later than the end of the six-year period beginning on the date on which the President transmits the report pursuant to section 2903(e) containing the recommendations for such closures or realignments.
(b)

Congressional Disapproval.—
(1)
The Secretary may not carry out any closure or realignment recommended by the Commission in a report transmitted from the President pursuant to section 2903(e) if a joint resolution is enacted, in accordance with the provisions of section 2908, disapproving such recommendations of the Commission before the earlier of—
(A)
the end of the 45-day period beginning on the date on which the President transmits such report; or
(B)
the adjournment of Congress sine die for the session during which such report is transmitted.
(2)
For purposes of paragraph (1) of this subsection and subsections (a) and (c) of section 2908, the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of a period.
SEC. 2905.

IMPLEMENTATION
(a)

In General.—
(1)
In closing or realigning any military installation under this part, the Secretary may—
(A)
take such actions as may be necessary to close or realign any military installation, including the acquisition of such land, the construction of such replacement facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from a military installation being closed or realigned to another military installation, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for use in planning and design, minor construction, or operation and maintenance;
(B)
provide—
(i)
economic adjustment assistance to any community located near a military installation being closed or realigned, and
(ii)
community planning assistance to any community located near a military installation to which functions will be transferred as a result of the closure or realignment of a military installation,
if the Secretary of Defense determines that the financial resources available to the community (by grant or otherwise) for such purposes are inadequate, and may use for such purposes funds in the Account or funds appropriated to the Department of Defense for economic adjustment assistance or community planning assistance;
(C)
carry out activities for the purposes of environmental restoration and mitigation at any such installation, and shall use for such purposes funds in the Account;
(D)
provide outplacement assistance to civilian employees employed by the Department of Defense at military installations being closed or realigned, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for outplacement assistance to employees; and
(E)
reimburse other Federal agencies for actions performed at the request of the Secretary with respect to any such closure or realignment, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense and available for such purpose.
(2)
In carrying out any closure or realignment under this part, the Secretary shall ensure that environmental restoration of any property made excess to the needs of the Department of Defense as a result of such closure or realignment be carried out as soon as possible with funds available for such purpose.
(b)

Management and Disposal of Property.—
(1)
The Administrator of General Services shall delegate to the Secretary of Defense, with respect to excess and surplus real property, facilities, and personal property located at a military installation closed or realigned under this part—
(A)
the authority of the Administrator to utilize excess property under subchapter II of chapter 5 of title 40, United States Code;
(B)
the authority of the Administrator to dispose of surplus property under subchapter III of chapter 5 of title 40, United States Code;
(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 disposing of surplus property pursuant to the authority delegated under paragraph (1); and
(ii)
issue regulations relating to such policies and methods, which shall supersede the regulations referred to in subparagraph (A) with respect to that authority.
(C)
The Secretary of Defense may transfer real property or facilities located at a military installation to be closed or realigned under this part, with or without reimbursement, to a military department or other entity (including a nonappropriated fund instrumentality) within the Department of Defense or the Coast Guard.
(D)
Before any action may be taken with respect to the disposal of any surplus real property or facility located at any military installation to be closed or realigned under this part, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned.
(E)
If a military installation to be closed, realigned, or placed in an inactive status under this part includes a road used for public access through, into, or around the installation, 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 the continued availability of the road for public use after the installation is closed, realigned, or placed in an inactive status.
(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 as items essential to the reuse or redevelopment of the installation. In connection with the development of the redevelopment plan for the installation, the Secretary shall consult with the entity responsible for developing the redevelopment plan to identify the items of personal property located at the installation, if any, that the entity desires to be retained at the installation for reuse or redevelopment of the installation.
(E)
This paragraph shall not apply to any personal property located at an installation to be closed 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 for purposes of job generation on the installation.
(B)
The transfer of property located at a military installation under subparagraph (A) may be for consideration at or below the estimated fair market value or without consideration. The determination of such consideration may account for the economic conditions of the local affected community and the estimated costs to redevelop the property. The Secretary may accept, as consideration, a share of the revenues that the redevelopment authority receives from third-party buyers or lessees from sales and long-term leases of the conveyed property, consideration in kind (including goods and services), real property and improvements, or such other consideration as the Secretary considers appropriate. The transfer of property located at a military installation under subparagraph (A) may be made for consideration below the estimated fair market value or without consideration only if the redevelopment authority with respect to the installation—
(i)
agrees that the proceeds from any sale or lease of the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the date of the initial transfer of property under subparagraph (A) shall be used to support the economic redevelopment of, or related to, the installation; and
(ii)
executes the agreement for transfer of the property and accepts control of the property within a reasonable time after the date of the property disposal record of decision or finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(C)
For purposes of subparagraph (B)(i), the use of proceeds from a sale or lease described in such subparagraph to pay for, or offset the costs of, public investment on or related to the installation for any of the following purposes shall be considered a use to support the economic redevelopment of, or related to, the installation:
(i)
Road construction.
(ii)
Transportation management facilities.
(iii)
Storm and sanitary sewer construction.
(iv)
Police and fire protection facilities and other public facilities.
(v)
Utility construction.
(vi)
Building rehabilitation.
(vii)
Historic property preservation.
(viii)
Pollution prevention equipment or facilities.
(ix)
Demolition.
(x)
Disposal of hazardous materials generated by demolition.
(xi)
Landscaping, grading, and other site or public improvements.
(xii)
Planning for or the marketing of the development and reuse of the installation.
(D)
The Secretary may recoup from a redevelopment authority such portion of the proceeds from a sale or lease described in subparagraph (B) as the Secretary determines appropriate if the redevelopment authority does not use the proceeds to support economic redevelopment of, or related to, the installation for the period specified in subparagraph (B).
(E)2
(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.
^2
Section 2837(b) of the Military Construction Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 560) provides as follows: “Notwithstanding any other provision of law, a department or agency of the Federal Government that enters into a lease of property under [this subparagraph (C)] may improve the leased property using funds appropriated or otherwise available to the department or agency for such purpose.”.
(ii)
A lease under clause (i) shall be for a term of not to exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned.
(iii)
A lease under clause (i) may not require rental payments by the United States.
(iv)
A lease under clause (i) shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may be satisfied by the same or another department or agency of the Federal Government using the property for a use similar to the use under the lease. Exercise of the authority provided by this clause shall be made in consultation with the redevelopment authority concerned.
(v)
Notwithstanding clause (iii), if a lease under clause (i) involves a substantial portion of the installation, the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authority's assignee as a provision of the lease. The facility services and common area maintenance shall be provided at a rate no higher than the rate charged to non-Federal tenants of the transferred property. Facility services and common area maintenance covered by the lease shall not include—
(I)
municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or
(II)
firefighting or security-guard functions.
(F)
The transfer of personal property under subparagraph (A) shall not be subject to the provisions of subchapters II and III of chapter 5 of title 40, United States Code, if the Secretary determines that the transfer of such property is necessary for the effective implementation of a redevelopment plan with respect to the installation at which such property is located.
(G)
The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real property under this paragraph.
(H)
(i)
In the case of an agreement for the transfer of property of a military installation under this paragraph that was entered into before April 21, 1999, the Secretary may modify the agreement, and in so doing compromise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States, if—
(I)
the Secretary determines that as a result of changed economic circumstances, a modification of the agreement is necessary;
(II)
the terms of the modification do not require the return of any payments that have been made to the Secretary;
(III)
the terms of the modification do not compromise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States with respect to in-kind consideration; and
(IV)
the cash consideration to which the United States is entitled under the modified agreement, when combined with the cash consideration to be received by the United States for the disposal of other real property assets on the installation, are as sufficient as they were under the original agreement to fund the reserve account established under section 204(b)(7)(C) of the Defense Authorization Amendments and Base Closure and Realignment Act, with the depreciated value of the investment made with commissary store funds or nonappropriated funds in property disposed of pursuant to the agreement being modified, in accordance with section 2906(d).
(ii)
When exercising the authority granted by clause (i), the Secretary may waive some or all future payments if, and to the extent that, the Secretary determines such waiver is necessary.
(iii)
With the exception of the requirement that the transfer be without consideration, the requirements of subparagraphs (B), (C), and (D) shall be applicable to any agreement modified pursuant to clause (i).
(I)
In the case of an agreement for the transfer of property of a military installation under this paragraph that was entered into during the period beginning on April 21, 1999, and ending on the date of enactment of the National Defense Authorization Act for Fiscal Year 2000, at the request of the redevelopment authority concerned, the Secretary shall modify the agreement to conform to all the requirements of subparagraphs (B), (C), and (D). Such a modification may include the compromise, waiver, adjustment, release, or reduction of any right, title, claim, lien, or demand of the United States under the agreement.
(J)
The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States.
(5)
(A)
Except as provided in subparagraphs (B) and (C), the Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations under paragraph (1) regarding whether another department or agency of the Federal Government has identified a use for any portion of a military installation to be closed 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.
(C)
(i)
Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation closed or realigned or to be closed or realigned under this part as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall obtain the concurrence of the redevelopment authority with respect to the installation and comply with the redevelopment plan for the installation.
(ii)
Not later than 30 days after acquiring non-Federal real property as the location for a new or replacement Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a report containing the results of the consultation under clause (i) and the reasons why military installations referred to in such clause that are located within the area to be served by the new or replacement Federal facility or within a 200-mile radius of the new or replacement facility, whichever area is greater, were considered to be unsuitable or unavailable for the site of the new or replacement facility.
(iii)
This subparagraph shall apply during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998 and ending on July 31, 2001.
(6)
(A)
Except as provided in this paragraph, nothing in this section shall limit or otherwise affect the application of the provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) to military installations closed under this part. For procedures relating to the use to assist the homeless of buildings and property at installations closed under this part after the date of the enactment of this sentence, see paragraph (7).
(B)
(i)
Not later than the date on which the Secretary of Defense completes the determination under paragraph (5) of the transferability of any portion of an installation to be closed under this part, the Secretary shall—
(I)
complete any determinations or surveys necessary to determine whether any building or property referred to in clause (ii) is excess property, surplus property, or unutilized or underutilized property for the purpose of the information referred to in section 501(a) of such Act (42 U.S.C. 11411(a)); and
(II)
submit to the Secretary of Housing and Urban Development information on any building or property that is so determined.
(ii)
The buildings and property referred to in clause (i) are any buildings or property located at an installation referred to in that clause for which no use is identified, or of which no Federal department or agency will accept transfer, pursuant to the determination of transferability referred to in that clause.
(C)
Not later than 60 days after the date on which the Secretary of Defense submits information to the Secretary of Housing and Urban Development under subparagraph (B)(ii), the Secretary of Housing and Urban Development shall—
(i)
identify the buildings and property described in such information that are suitable for use to assist the homeless;
(ii)
notify the Secretary of Defense of the buildings and property that are so identified;
(iii)
publish in the Federal Register a list of the buildings and property that are so identified, including with respect to each building or property the information referred to in section 501(c)(1)(B) of such Act; and
(iv)
make available with respect to each building and property the information referred to in section 501(c)(1)(C) of such Act in accordance with such section 501(c)(1)(C).
(D)
Any buildings and property included in a list published under subparagraph (C)(iii) shall be treated as property available for application for use to assist the homeless under section 501(d) of such Act.
(E)
The Secretary of Defense shall make available in accordance with section 501(f) of such Act any buildings or property referred to in subparagraph (D) for which—
(i)
a written notice of an intent to use such buildings or property to assist the homeless is received by the Secretary of Health and Human Services in accordance with section 501(d)(2) of such Act;
(ii)
an application for use of such buildings or property for such purpose is submitted to the Secretary of Health and Human Services in accordance with section 501(e)(2) of such Act; and
(iii)
the Secretary of Health and Human Services—
(I)
completes all actions on the application in accordance with section 501(e)(3) of such Act; and
(II)
approves the application under section 501(e) of such Act.
(F)
(i)
Subject to clause (ii), a redevelopment authority may express in writing an interest in using buildings and property referred to in subparagraph (D), and buildings and property referred to in subparagraph (B)(ii) which have not been identified as suitable for use to assist the homeless under subparagraph (C), or use such buildings and property, in accordance with the redevelopment plan with respect to the installation at which such buildings and property are located as follows:
(I)
If no written notice of an intent to use such buildings or property to assist the homeless is received by the Secretary of Health and Human Services in accordance with section 501(d)(2) of such Act during the 60-day period beginning on the date of the publication of the buildings and property under subparagraph (C)(iii).
(II)
In the case of buildings and property for which such notice is so received, if no completed application for use of the buildings or property for such purpose is received by the Secretary of Health and Human Services in accordance with section 501(e)(2) of such Act during the 90-day period beginning on the date of the receipt of such notice.
(III)
In the case of buildings and property for which such application is so received, if the Secretary of Health and Human Services rejects the application under section 501(e) of such Act.
(ii)
Buildings and property shall be available only for the purpose of permitting a redevelopment authority to express in writing an interest in the use of such buildings and property, or to use such buildings and property, under clause (i) as follows:
(I)
In the case of buildings and property referred to in clause (i)(I), during the one-year period beginning on the first day after the 60-day period referred to in that clause.
(II)
In the case of buildings and property referred to in clause (i)(II), during the one-year period beginning on the first day after the 90-day period referred to in that clause.
(III)
In the case of buildings and property referred to in clause (i)(III), during the one-year period beginning on the date of the rejection of the application referred to in that clause.
(iii)
A redevelopment authority shall express an interest in the use of buildings and property under this subparagraph by notifying the Secretary of Defense, in writing, of such an interest.
(G)
(i)
Buildings and property available for a redevelopment authority under subparagraph (F) shall not be available for use to assist the homeless under section 501 of such Act while so available for a redevelopment authority.
(ii)
If a redevelopment authority does not express an interest in the use of buildings or property, or commence the use of buildings or property, under subparagraph (F) within the applicable time periods specified in clause (ii) of such subparagraph, such buildings or property shall be treated as property available for use to assist the homeless under section 501(a) of such Act.
(7)3
(A)
The disposal of buildings and property located at installations approved for closure or realignment under this part after October 25, 1994, shall be carried out in accordance with this paragraph rather than paragraph (6).
^3
Section 2(e) of the Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (Public Law 103–421, approved October 25, 1994) provided that paragraph (7) would apply to an installation approved for closure before October 25, 1994, subject to certain conditions, if the redevelopment authority for the installation submits a request to the Secretary of Defense not later than 60 days after that date.
(B)
(i)
Not later than the date on which the Secretary of Defense completes the final determinations referred to in paragraph (5) relating to the use or transferability of any portion of an installation covered by this paragraph, the Secretary shall—
(I)
identify the buildings and property at the installation for which the Department of Defense has a use, for which another department or agency of the Federal Government has identified a use, or of which another department or agency will accept a transfer;
(II)
take such actions as are necessary to identify any building or property at the installation not identified under subclause (I) that is excess property or surplus property;
(III)
submit to the Secretary of Housing and Urban Development and to the redevelopment authority for the installation (or the chief executive officer of the State in which the installation is located if there is no redevelopment authority for the installation at the completion of the determination described in the stem of this sentence) information on any building or property that is identified under subclause (II); and
(IV)
publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the buildings and property identified under subclause (II).
(ii)
Upon the recognition of a redevelopment authority for an installation covered by this paragraph, the Secretary of Defense shall publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the redevelopment authority.
(C)
(i)
State and local governments, representatives of the homeless, and other interested parties located in the communities in the vicinity of an installation covered by this paragraph shall submit to the redevelopment authority for the installation a notice of the interest, if any, of such governments, representatives, and parties in the buildings or property, or any portion thereof, at the installation that are identified under subparagraph (B)(i)(II). A notice of interest under this clause shall describe the need of the government, representative, or party concerned for the buildings or property covered by the notice.
(ii)
The redevelopment authority for an installation shall assist the governments, representatives, and parties referred to in clause (i) in evaluating buildings and property at the installation for purposes of this subparagraph.
(iii)
In providing assistance under clause (ii), a redevelopment authority shall—
(I)
consult with representatives of the homeless in the communities in the vicinity of the installation concerned; and
(II)
undertake outreach efforts to provide information on the buildings and property to representatives of the homeless, and to other persons or entities interested in assisting the homeless, in such communities.
(iv)
It is the sense of Congress that redevelopment authorities should begin to conduct outreach efforts under clause (iii)(II) with respect to an installation as soon as is practicable after the date of approval of closure 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 under subparagraph (B)(i)(IV); and
(II)
in the case of an installation for which a redevelopment authority is not recognized as of such date, not earlier than 3 months and not later than 6 months after the date of the recognition of a redevelopment authority for the installation.
(iii)
Upon specifying a date for an installation under this subparagraph, the redevelopment authority for the installation shall—
(I)
publish the date specified in a newspaper of general circulation in the communities in the vicinity of the installation concerned; and
(II)
notify the Secretary of Defense of the date.
(E)
(i)
In submitting to a redevelopment authority under subparagraph (C) a notice of interest in the use of buildings or property at an installation to assist the homeless, a representative of the homeless shall submit the following:
(I)
A description of the homeless assistance program that the representative proposes to carry out at the installation.
(II)
An assessment of the need for the program.
(III)
A description of the extent to which the program is or will be coordinated with other homeless assistance programs in the communities in the vicinity of the installation.
(IV)
A description of the buildings and property at the installation that are necessary in order to carry out the program.
(V)
A description of the financial plan, the organization, and the organizational capacity of the representative to carry out the program.
(VI)
An assessment of the time required in order to commence carrying out the program.
(ii)
A redevelopment authority may not release to the public any information submitted to the redevelopment authority under clause (i)(V) without the consent of the representative of the homeless concerned unless such release is authorized under Federal law and under the law of the State and communities in which the installation concerned is located.
(F)
(i)
The redevelopment authority for each installation covered by this paragraph shall prepare a redevelopment plan for the installation. The redevelopment authority shall, in preparing the plan, consider the interests in the use to assist the homeless of the buildings and property at the installation that are expressed in the notices submitted to the redevelopment authority under subparagraph (C).
(ii)
(I)
In connection with a redevelopment plan for an installation, a redevelopment authority and representatives of the homeless shall prepare legally binding agreements that provide for the use to assist the homeless of buildings and property, resources, and assistance on or off the installation. The implementation of such agreements shall be contingent upon the decision regarding the disposal of the buildings and property covered by the agreements by the Secretary of Defense under subparagraph (K) or (L).
(II)
Agreements under this clause shall provide for the reversion to the redevelopment authority concerned, or to such other entity or entities as the agreements shall provide, of buildings and property that are made available under this paragraph for use to assist the homeless in the event that such buildings and property cease being used for that purpose.
(iii)
A redevelopment authority shall provide opportunity for public comment on a redevelopment plan before submission of the plan to the Secretary of Defense and the Secretary of Housing and Urban Development under subparagraph (G).
(iv)
A redevelopment authority shall complete preparation of a redevelopment plan for an installation and submit the plan under subparagraph (G) not later than 9 months after the date specified by the redevelopment authority for the installation under subparagraph (D).
(G)
(i)
Upon completion of a redevelopment plan under subparagraph (F), a redevelopment authority shall submit an application containing the plan to the Secretary of Defense and to the Secretary of Housing and Urban Development.
(ii)
A redevelopment authority shall include in an application under clause (i) the following:
(I)
A copy of the redevelopment plan, including a summary of any public comments on the plan received by the redevelopment authority under subparagraph (F)(iii).
(II)
A copy of each notice of interest of use of buildings and property to assist the homeless that was submitted to the redevelopment authority under subparagraph (C), together with a description of the manner, if any, in which the plan addresses the interest expressed in each such notice and, if the plan does not address such an interest, an explanation why the plan does not address the interest.
(III)
A summary of the outreach undertaken by the redevelopment authority under subparagraph (C)(iii)(II) in preparing the plan.
(IV)
A statement identifying the representatives of the homeless and the homeless assistance planning boards, if any, with which the redevelopment authority consulted in preparing the plan, and the results of such consultations.
(V)
An assessment of the manner in which the redevelopment plan balances the expressed needs of the homeless and the need of the communities in the vicinity of the installation for economic redevelopment and other development.
(VI)
Copies of the agreements that the redevelopment authority proposes to enter into under subparagraph (F)(ii).
(H)
(i)
Not later than 60 days after receiving a redevelopment plan under subparagraph (G), the Secretary of Housing and Urban Development shall complete a review of the plan. The purpose of the review is to determine whether the plan, with respect to the expressed interest and requests of representatives of the homeless—
(I)
takes into consideration the size and nature of the homeless population in the communities in the vicinity of the installation, the availability of existing services in such communities to meet the needs of the homeless in such communities, and the suitability of the buildings and property covered by the plan for the use and needs of the homeless in such communities;
(II)
takes into consideration any economic impact of the homeless assistance under the plan on the communities in the vicinity of the installation;
(III)
balances in an appropriate manner the needs of the communities in the vicinity of the installation for economic redevelopment and other development with the needs of the homeless in such communities;
(IV)
was developed in consultation with representatives of the homeless and the homeless assistance planning boards, if any, in the communities in the vicinity of the installation; and
(V)
specifies the manner in which buildings and property, resources, and assistance on or off the installation will be made available for homeless assistance purposes.
(ii)
It is the sense of Congress that the Secretary of Housing and Urban Development shall, in completing the review of a plan under this subparagraph, take into consideration and be receptive to the predominant views on the plan of the communities in the vicinity of the installation covered by the plan.
(iii)
The Secretary of Housing and Urban Development may engage in negotiations and consultations with a redevelopment authority before or during the course of a review under clause (i) with a view toward resolving any preliminary determination of the Secretary that a redevelopment plan does not meet a requirement set forth in that clause. The redevelopment authority may modify the redevelopment plan as a result of such negotiations and consultations.
(iv)
Upon completion of a review of a redevelopment plan under clause (i), the Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under that clause.
(v)
If the Secretary of Housing and Urban Development determines as a result of such a review that a redevelopment plan does not meet the requirements set forth in clause (i), a notice under clause (iv) shall include—
(I)
an explanation of that determination; and
(II)
a statement of the actions that the redevelopment authority must undertake in order to address that determination.
(I)
(i)
Upon receipt of a notice under subparagraph (H)(iv) of a determination that a redevelopment plan does not meet a requirement set forth in subparagraph (H)(i), a redevelopment authority shall have the opportunity to—
(I)
revise the plan in order to address the determination; and
(II)
submit the revised plan to the Secretary of Defense and the Secretary of Housing and Urban Development.
(ii)
A redevelopment authority shall submit a revised plan under this subparagraph to such Secretaries, if at all, not later than 90 days after the date on which the redevelopment authority receives the notice referred to in clause (i).
(J)
(i)
Not later than 30 days after receiving a revised redevelopment plan under subparagraph (I), the Secretary of Housing and Urban Development shall review the revised plan and determine if the plan meets the requirements set forth in subparagraph (H)(i).
(ii)
The Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under this subparagraph.
(K)
(i)
Upon receipt of a notice under subparagraph (H)(iv) or (J)(ii) of the determination of the Secretary of Housing and Urban Development that a redevelopment plan for an installation meets the requirements set forth in subparagraph (H)(i), the Secretary of Defense shall dispose of the buildings and property at the installation.
(ii)
For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation.
(iii)
The Secretary of Defense shall dispose of buildings and property under clause (i) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the record of decision or other decision document, the Secretary shall give substantial deference to the redevelopment plan concerned.
(iv)
The disposal under clause (i) of buildings and property to assist the homeless shall be without consideration.
(v)
In the case of a request for a conveyance under clause (i) of buildings and property for public benefit under section 550 of title 40, United States Code, 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. The determination of such eligibility should be made before submission of the redevelopment plan concerned under subparagraph (G).
(L)
(i)
If the Secretary of Housing and Urban Development determines under subparagraph (J) that a revised redevelopment plan for an installation does not meet the requirements set forth in subparagraph (H)(i), or if no revised plan is so submitted, that Secretary shall—
(I)
review the original redevelopment plan submitted to that Secretary under subparagraph (G), including the notice or notices of representatives of the homeless referred to in clause (ii)(II) of that subparagraph;
(II)
consult with the representatives referred to in subclause (I), if any, for purposes of evaluating the continuing interest of such representatives in the use of buildings or property at the installation to assist the homeless;
(III)
request that each such representative submit to that Secretary the items described in clause (ii); and
(IV)
based on the actions of that Secretary under subclauses (I) and (II), and on any information obtained by that Secretary as a result of such actions, indicate to the Secretary of Defense the buildings and property at the installation that meet the requirements set forth in subparagraph (H)(i).
(ii)
The Secretary of Housing and Urban Development may request under clause (i)(III) that a representative of the homeless submit to that Secretary the following:
(I)
A description of the program of such representative to assist the homeless.
(II)
A description of the manner in which the buildings and property that the representative proposes to use for such purpose will assist the homeless.
(III)
Such information as that Secretary requires in order to determine the financial capacity of the representative to carry out the program and to ensure that the program will be carried out in compliance with Federal environmental law and Federal law against discrimination.
(IV)
A certification that police services, fire protection services, and water and sewer services available in the communities in the vicinity of the installation concerned are adequate for the program.
(iii)
Not later than 90 days after the date of the receipt of a revised plan for an installation under subparagraph (J), the Secretary of Housing and Urban Development shall—
(I)
notify the Secretary of Defense and the redevelopment authority concerned of the buildings and property at an installation under clause (i)(IV) that the Secretary of Housing and Urban Development determines are suitable for use to assist the homeless; and
(II)
notify the Secretary of Defense of the extent to which the revised plan meets the criteria set forth in subparagraph (H)(i).
(iv)
(I)
Upon notice from the Secretary of Housing and Urban Development with respect to an installation under clause (iii), the Secretary of Defense shall dispose of buildings and property at the installation in consultation with the Secretary of Housing and Urban Development and the redevelopment authority concerned.
(II)
For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan submitted by the redevelopment authority for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation. The Secretary of Defense shall incorporate the notification of the Secretary of Housing and Urban Development under clause (iii)(I) as part of the proposed Federal action for the installation only to the extent, if any, that the Secretary of Defense considers such incorporation to be appropriate and consistent with the best and highest use of the installation as a whole, taking into consideration the redevelopment plan submitted by the redevelopment authority.
(III)
The Secretary of Defense shall dispose of buildings and property under subclause (I) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the record of decision or other decision document, the Secretary shall give deference to the redevelopment plan submitted by the redevelopment authority for the installation.
(IV)
The disposal under subclause (I) of buildings and property to assist the homeless shall be without consideration.
(V)
In the case of a request for a conveyance under subclause (I) of buildings and property for public benefit under section 550 of title 40, United States Code, 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. The determination of such eligibility should be made before submission of the redevelopment plan concerned under subparagraph (G).
(M)
(i)
In the event of the disposal of buildings and property of an installation pursuant to subparagraph (K) or (L), the redevelopment authority for the installation shall be responsible for the implementation of and compliance with agreements under the redevelopment plan described in that subparagraph for the installation.
(ii)
If a building or property reverts to a redevelopment authority under such an agreement, the redevelopment authority shall take appropriate actions to secure, to the maximum extent practicable, the utilization of the building or property by other homeless representatives to assist the homeless. A redevelopment authority may not be required to utilize the building or property to assist the homeless.
(N)
The Secretary of Defense may postpone or extend any deadline provided for under this paragraph in the case of an installation covered by this paragraph for such period as the Secretary considers appropriate if the Secretary determines that such postponement is in the interests of the communities affected by the closure 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 550 of title 40, United States Code, or sections 47151 through 47153 of title 49, United States Code, whether or not the parties assist the homeless.
(8)
(A)
Subject to subparagraph (C), the Secretary may enter into agreements (including contracts, cooperative agreements, or other arrangements for reimbursement) with local governments for the provision of police or security services, fire protection services, airfield operation services, or other community services by such governments at military installations to be closed under this part, or at facilities not yet transferred or otherwise disposed of in the case of installations closed under this part, if the Secretary determines that the provision of such services under such agreements is in the best interests of the Department of Defense.
(B)
The Secretary may exercise the authority provided under this paragraph without regard to the provisions of chapter 146 of title 10, United States Code.
(C)
The Secretary may not exercise the authority under subparagraph (A) with respect to an installation earlier than 180 days before the date on which the installation is to be closed.
(D)
The Secretary shall include in a contract for services entered into with a local government under this paragraph a clause that requires the use of professionals to furnish the services to the extent that professionals are available in the area under the jurisdiction of such government.
(c)

Applicability of National Environmental Policy Act of 1969.—
(1)
The provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the actions of the President, the Commission, and, except as provided in paragraph (2), the Department of Defense in carrying out this part.
(2)
(A)
The provisions of the National Environmental Policy Act of 1969 shall apply to actions of the Department of Defense under this part (i) during the process of property disposal, and (ii) during the process of relocating functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated.
(B)
In applying the provisions of the National Environmental Policy Act of 1969 to the processes referred to in subparagraph (A), the Secretary of Defense and the Secretary of the military departments concerned shall not have to consider—
(i)
the need for closing or realigning the military installation which has been recommended for closure or realignment by the Commission;
(ii)
the need for transferring functions to any military installation which has been selected as the receiving installation; or
(iii)
military installations alternative to those recommended or selected.
(3)
A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), of any act or failure to act by the Department of Defense during the closing, realigning, or relocating of functions referred to in clauses (i) and (ii) of paragraph (2)(A), may not be brought more than 60 days after the date of such act or failure to act.
(d)

Waiver.—
The Secretary of Defense may close or realign military installations under this part without regard to—
(1)
any provision of law restricting the use of funds for closing or realigning military installations included in any appropriations or authorization Act; and
(2)
sections 2662 and 2687 of title 10, United States Code.
(e)

Transfer Authority in Connection With Payment of Environmental Remediation Costs.—
(1)
(A)
Subject to paragraph (2) of this subsection and section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretary may enter into an agreement to transfer by deed real property or facilities referred to in subparagraph (B) with any person who agrees to perform all environmental restoration, waste management, and environmental compliance activities that are required for the property or facilities under Federal and State laws, administrative decisions, agreements (including schedules and milestones), and concurrences.
(B)
The real property and facilities referred to in subparagraph (A) are the real property and facilities located at an installation closed or to be closed, 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. The real property and facilities referred to in subparagraph (A) are also the real property and facilities located at an installation approved for closure or realignment under this part after 2001 that are available for purposes other than to assist the homeless.
(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 otherwise to be paid by the Secretary with respect to 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)
In the case of property or facilities covered by a certification under paragraph (2)(A), the Secretary may pay the recipient of such property or facilities an amount equal to the lesser of—
(A)
the amount by which the costs incurred by the recipient of such property or facilities for all environmental restoration, waste, management, and environmental compliance activities with respect to such property or facilities exceed the fair market value of such property or facilities as specified in such certification; or
(B)
the amount by which the costs (as determined by the Secretary) that would otherwise have been incurred by the Secretary for such restoration, management, and activities with respect to such property or facilities exceed the fair market value of such property or facilities as so specified.
(4)
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.
(5)
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.).
(6)
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, except in the case of releases or threatened releases not disclosed pursuant to paragraph (4).
(f)

Report on Designation of Property as Excess Instead of Surplus.—
(1)
Not later than 180 days after the date on which real property located at a military installation closed or realigned under this part is declared excess, but not surplus, the Secretary of Defense shall submit to the congressional defense committees a report identifying the property and including the information required by paragraph (2). The Secretary shall update the report every 180 days thereafter until the property is either declared surplus or transferred to another Federal agency.
(2)
Each report under paragraph (1) shall include the following elements:
(A)
The reason for the excess designation.
(B)
The nature of the contemplated transfer.
(C)
The proposed timeline for the transfer.
(D)
Any impediments to completing the Federal agency screening process.
(g)

Acquisition of Manufactured Housing.—
(1)
In closing or realigning any military installation under this part, the Secretary may purchase any or all right, title, and interest of a member of the Armed Forces and any spouse of the member in manufactured housing located at a manufactured housing park established at an installation closed or realigned under this part, or make a payment to the member to relocate the manufactured housing to a suitable new site, if the Secretary determines that—
(A)
it is in the best interests of the Federal Government to eliminate or relocate the manufactured housing park; and
(B)
the elimination or relocation of the manufactured housing park would result in an unreasonable financial hardship to the owners of the manufactured housing.
(2)
Any payment made under this subsection shall not exceed 90 percent of the purchase price of the manufactured housing, as paid by the member or any spouse of the member, plus the cost of any permanent improvements subsequently made to the manufactured housing by the member or spouse of the member.
(3)
The Secretary shall dispose of manufactured housing acquired under this subsection through resale, donation, trade or otherwise within one year of acquisition.
SEC. 2906.

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT.
(a)

Establishment.—
There is hereby established on the books of the Treasury an account to be known as the “Department of Defense Base Closure Account” which shall be administered by the Secretary as a single account.
(b)

Credits to Account.—
There shall be credited to the Account the following:
(1)
Funds authorized for and appropriated to the Account.
(2)
Funds transferred to the Account pursuant to section 2711(b) of the Military Construction Authorization Act for Fiscal Year 2013.
(3)
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 funds may be transferred under the authority of this paragraph only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees.
(4)
Proceeds received from the lease, transfer, or disposal of any property at a military installation closed or realigned under this part or the 1988 BRAC law.
(c)

Use of Account.—
(1)

Authorized purposes.—
The Secretary may use the funds in the Account only for the following purposes:
(A)
To carry out the Defense Environmental Restoration Program under section 2701 of title 10, United States Code, and other environmental restoration and mitigation activities at military installations closed or realigned under this part or the 1988 BRAC law.
(B)
To cover property management, disposal, and caretaker costs incurred at military installations closed or realigned under this part or the 1988 BRAC law.
(C)
To cover costs associated with supervision, inspection, overhead, engineering, and design of military construction projects undertaken under this part or the 1988 BRAC law before September 30, 2013, and subsequent claims, if any, related to such activities.
(D)
To record, adjust, and liquidate obligations properly chargeable to the following accounts:
(i)
The Department of Defense Base Closure Account 2005 established by section 2906A of this part, as in effect on September 30, 2013.
(ii)
The Department of Defense Base Closure Account 1990 established by this section, as in effect on September 30, 2013.
(iii)
The Department of Defense Base Closure Account established by section 207 of the 1988 BRAC law, as in effect on September 30, 2013.
(E)
To carry out the demolition or removal of any building or structure under the control of the Secretary of the Navy that is not designated as historic under a Federal, State, or local law and is located on a military installation closed or realigned under a base closure law (as such term is defined in section 101 of title 10, United States Code) at which the sampling or remediation of radiologically contaminated materials has been the subject of substantiated allegations of fraud, without regard to—
(i)
whether the building or structure is radiologically impacted; or
(ii)
whether such demolition or removal is carried out, as part of a response action or otherwise, under the Defense Environmental Restoration Program specified in subparagraph (A) or CERCLA (as such term is defined in section 2700 of title 10, United States Code).
(2)

Sole source of funds.—
The Account shall be the sole source of Federal funds for the activities specified in paragraph (1) at a military installation closed or realigned under this part or the 1988 BRAC law.
(3)

Prohibition on use of account for new military construction.—
Except as provided in paragraph (1), funds in the Account may not be used, directly or by transfer to another appropriations account, to carry out a military construction project, including a minor military construction project, under section 2905(a) or any other provision of law at a military installation closed or realigned under this part or the 1988 BRAC law.
(d)

Disposal or Transfer of Commissary Stores and Property Purchased With Nonappropriated Funds.—
(1)

Deposit of proceeds in reserve account.—
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 1988 BRAC law.
(2)
The amount so deposited under paragraph (1) 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.
(3)

Use of reserve funds.—
Subject to the limitation contained in section 204(b)(7)(C)(iii) of the 1988 BRAC law, amounts in the reserve account are hereby made available to the Secretary, without appropriation and until expended, for the purpose of acquiring, constructing, and improving—
(A)
commissary stores; and
(B)
real property and facilities for nonappropriated fund instrumentalities.
(e)

Consolidated Budget Justification Display for Account.—
(1)

Consolidated budget information required.—
The Secretary shall establish a consolidated budget justification display in support of the Account that for each fiscal year—
(A)
details the amount and nature of credits to, and expenditures from, the Account during the preceding fiscal year;
(B)
separately details the caretaker and environmental remediation costs associated with each military installation for which a budget request is made;
(C)
specifies the transfers into the Account and the purposes for which these transferred funds will be further obligated, to include caretaker and environment remediation costs associated with each military installation;
(D)
specifies the closure or realignment recommendation, and the base closure round in which the recommendation was made, that precipitated the inclusion of the military installation; and
(E)
details any intra-budget activity transfers within the Account that exceeded $1,000,000 during the preceding fiscal year or that are proposed for the next fiscal year and will exceed $1,000,000.
(2)

Submission.—
The Secretary shall include the information required by paragraph (1) in the materials that the Secretary submits to Congress in support of the budget for a fiscal year submitted by the President pursuant to section 1105 of title 31, United States Code.
(f)

Closure of Account; Treatment of Remaining Funds.—
(1)

Closure.—
The Account shall be closed at the time and in the manner provided for appropriation accounts under section 1555 of title 31, United States Code, except that unobligated funds which remain in the Account upon closure shall be held by the Secretary of the Treasury until transferred by law after the congressional defense committees receive the final report transmitted under paragraph (2).
(2)

Final report.—
No later than 60 days after the closure of the Account under paragraph (1), the Secretary shall transmit to the congressional defense committees a report containing an accounting of—
(A)
all the funds credited to and expended from the Account or otherwise expended under this part or the 1988 BRAC law; and
(B)
any funds remaining in the Account.
(g)

Definitions.—
In this section:
(1)
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.
(2)
The term “nonappropriated funds” means funds received from a nonappropriated fund instrumentality.
(3)
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.
(4)
The term “1988 BRAC law” means title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).
[Section 2906A was repealed by section 2711(a) of division B of Public Law 112–239.]
[Section 2907 was repealed by section 2711(c)(2) of division B of Public Law 112–239.]
SEC. 2908.

CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT
(a)

Terms of the Resolution.—
For purposes of section 2904(b), the term “joint resolution” means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President transmits the report to the Congress under section 2903(e), and—
(1)
which does not have a preamble;
(2)
the matter after the resolving clause of which is as follows: “That Congress disapproves the recommendations of the Defense Base Closure and Realignment Commission as submitted by the President on ———”, the blank space being filled in with the appropriate date; and
(3)
the title of which is as follows: “Joint resolution disapproving the recommendations of the Defense Base Closure and Realignment Commission.”.
(b)

Referral.—
A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Armed Services of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Armed Services of the Senate.
(c)

Discharge.—
If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President transmits the report to the Congress under section 2903(e), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved.
(d)

Consideration.—
(1)
On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of.
(2)
Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.
(3)
Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur.
(4)
Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate.
(e)

Consideration by Other House.—
(1)
If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply:
(A)
The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii).
(B)
With respect to a resolution described in subsection (a) of the House receiving the resolution—
(i)
the procedure in that House shall be the same as if no resolution had been received from the other House; but
(ii)
the vote on final passage shall be on the resolution of the other House.
(2)
Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.
(f)

Rules of the Senate and House.—
This section is enacted by Congress—
(1)
as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and
(2)
with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
SEC. 2909.

RESTRICTION ON OTHER BASE CLOSURE AUTHORITY
(a)

In General.—
Except as provided in subsection (c), during the period beginning on November 5, 1990, and ending on April 15, 2006, 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; and
(2)
closures and realignments to which section 2687 of title 10, United States Code, is not applicable, including closures and realignments carried out for reasons of national security or a military emergency referred to in subsection (c) of such section.
SEC. 2910.

DEFINITIONS
As used in this part:
(1)
The term “Account” means the Department of Defense Base Closure Account established by section 2906(a).
(2)
The term “congressional defense committees” means the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(3)
The term “Commission” means the Commission established by section 2902.
(4)
The term “military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility. Such term does not include any facility used primarily for civil works, rivers and harbors projects, flood control, or other projects not under the primary jurisdiction or control of the Department of Defense.
(5)
The term “realignment” includes any action which both reduces and relocates functions and civilian personnel positions but does not include a reduction in force resulting from workload adjustments, reduced personnel or funding levels, or skill imbalances.
(6)
The term “Secretary” means the Secretary of Defense.
(7)
The term “United States” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and any other commonwealth, territory, or possession of the United States.
(8)
The term “date of approval”, with respect to a closure or realignment of an installation, means the date on which the authority of Congress to disapprove a recommendation of closure or realignment, as the case may be, of such installation under this part expires.
(9)
(A)
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.
(B)
If no redevelopment authority referred to in subparagraph (A) exists with respect to a military installation, the term shall include the following:
(i)
The local government in whose jurisdiction the military installation is wholly located.
(ii)
A local government agency or State government agency designated by the chief executive officer of the State in which the military installation is located under subparagraph (B) of section 2905(b)(3) for the purpose of the consultation required by subparagraph (A) of such section.
(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 McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(i)(4)).
SEC. 2911.

CLARIFYING AMENDMENT
[Omitted]
SEC. 2912.

2005 ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY INSTALLATIONS.
(a)

Force-Structure Plan and Infrastructure Inventory.—
(1)

Preparation and submission.—
As part of the budget justification documents submitted to Congress in support of the budget for the Department of Defense for fiscal year 2005, the Secretary shall include the following:
(A)
A force-structure plan for the Armed Forces based on an assessment by the Secretary of the probable threats to the national security during the 20-year period beginning with fiscal year 2005, the probable end-strength levels and major military force units (including land force divisions, carrier and other major combatant vessels, air wings, and other comparable units) needed to meet these threats, and the anticipated levels of funding that will be available for national defense purposes during such period.
(B)
A comprehensive inventory of military installations world-wide for each military department, with specifications of the number and type of facilities in the active and reserve forces of each military department.
(2)

Relationship of plan and inventory.—
Using the force-structure plan and infrastructure inventory prepared under paragraph (1), the Secretary shall prepare (and include as part of the submission of such plan and inventory) the following:
(A)
A description of the infrastructure necessary to support the force structure described in the force-structure plan.
(B)
A discussion of categories of excess infrastructure and infrastructure capacity.
(C)
An economic analysis of the effect of the closure or realignment of military installations to reduce excess infrastructure.
(3)

Special considerations.—
In determining the level of necessary versus excess infrastructure under paragraph (2), the Secretary shall consider the following:
(A)
The anticipated continuing need for and availability of military installations outside the United States, taking into account current restrictions on the use of military installations outside the United States and the potential for future prohibitions or restrictions on the use of such military installations.
(B)
Any efficiencies that may be gained from joint tenancy by more than one branch of the Armed Forces at a military installation.
(4)

Revision.—
The Secretary may revise the force-structure plan and infrastructure inventory. If the Secretary makes such a revision, the Secretary shall submit the revised plan or inventory to Congress not later than March 15, 2005. For purposes of selecting military installations for closure or realignment under this part in 2005, no revision of the force-structure plan or infrastructure inventory is authorized after that date.
(b)

Certification of Need for Further Closures and Realignments.—
(1)

Certification required.—
On the basis of the force-structure plan and infrastructure inventory prepared under subsection (a) and the descriptions and economic analysis prepared under such subsection, the Secretary shall include as part of the submission of the plan and inventory—
(A)
a certification regarding whether the need exists for the closure or realignment of additional military installations; and
(B)
if such need exists, a certification that the additional round of closures and realignments would result in annual net savings for each of the military departments beginning not later than fiscal year 2011.
(2)

Effect of failure to certify.—
If the Secretary does not include the certifications referred to in paragraph (1), the process by which military installations may be selected for closure or realignment under this part in 2005 shall be terminated.
(c)

Comptroller General Evaluation.—
(1)

Evaluation required.—
If the certification is provided under subsection (b), the Comptroller General shall prepare an evaluation of the following:
(A)
The force-structure plan and infrastructure inventory prepared under subsection (a) and the final selection criteria specified in section 2913, including an evaluation of the accuracy and analytical sufficiency of such plan, inventory, and criteria.
(B)
The need for the closure or realignment of additional military installations.
(2)

Submission.—
The Comptroller General shall submit the evaluation to Congress not later than 60 days after the date on which the force-structure plan and infrastructure inventory are submitted to Congress.
(d)

Authorization of Additional Round; Commission.—
(1)

Appointment of commission.—
Subject to the certifications required under subsection (b), the President may commence an additional round for the selection of military installations for closure and realignment under this part in 2005 by transmitting to the Senate, not later than March 15, 2005, nominations pursuant to section 2902(c) for the appointment of new members to the Defense Base Closure and Realignment Commission.
(2)

Effect of failure to nominate.—
If the President does not transmit to the Senate the nominations for the Commission by March 15, 2005, the process by which military installations may be selected for closure or realignment under this part in 2005 shall be terminated.
(3)

Members.—
Notwithstanding section 2902(c)(1), the Commission appointed under the authority of this subsection shall consist of nine members.
(4)

Terms; meetings; termination.—
Notwithstanding subsections (d), (e)(1), and (l) of section 2902, the Commission appointed under the authority of this subsection shall meet during calendar year 2005 and shall terminate on April 15, 2006.
(5)

Funding.—
If no funds are appropriated to the Commission by the end of the second session of the 108th Congress for the activities of the Commission in 2005, the Secretary may transfer to the Commission for purposes of its activities under this part in that year such funds as the Commission may require to carry out such activities. The Secretary may transfer funds under the preceding sentence from any funds available to the Secretary. Funds so transferred shall remain available to the Commission for such purposes until expended.
SEC. 2913.

FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF BASE CLOSURES AND REALIGNMENTS.
(a)

Final Selection Criteria.—
The final criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005 shall be the military value and other criteria specified in subsections (b) and (c).
(b)

Military Value Criteria.—
The military value criteria are as follows:
(1)
The current and future mission capabilities and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, and readiness.
(2)
The availability and condition of land, facilities, and associated airspace (including training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas and staging areas for the use of the Armed Forces in homeland defense missions) at both existing and potential receiving locations.
(3)
The ability to accommodate contingency, mobilization, surge, and future total force requirements at both existing and potential receiving locations to support operations and training.
(4)
The cost of operations and the manpower implications.
(c)

Other Criteria.—
The other criteria that the Secretary shall use in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005 are as follows:
(1)
The extent and timing of potential costs and savings, including the number of years, beginning with the date of completion of the closure or realignment, for the savings to exceed the costs.
(2)
The economic impact on existing communities in the vicinity of military installations.
(3)
The ability of the infrastructure of both the existing and potential receiving communities to support forces, missions, and personnel.
(4)
The environmental impact, including the impact of costs related to potential environmental restoration, waste management, and environmental compliance activities.
(d)

Priority Given to Military Value.—
The Secretary shall give priority consideration to the military value criteria specified in subsection (b) in the making of recommendations for the closure or realignment of military installations.
(e)

Effect on Department and Other Agency Costs.—
The selection criteria relating to the cost savings or return on investment from the proposed closure or realignment of military installations shall take into account the effect of the proposed closure or realignment on the costs of any other activity of the Department of Defense or any other Federal agency that may be required to assume responsibility for activities at the military installations.
(f)

Relation to Other Materials.—
The final selection criteria specified in this section shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in section 2912, in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005.
(g)

Relation to Criteria for Earlier Rounds.—
Section 2903(b), and the selection criteria prepared under such section, shall not apply with respect to the process of making recommendations for the closure or realignment of military installations in 2005.
SEC. 2914.

SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS FOR REALIGNMENTS AND CLOSURES FOR 2005 ROUND; COMMISSION CONSIDERATION OF RECOMMENDATIONS.
(a)

Recommendations Regarding Closure or Realignment of Military Installations.—
If the Secretary makes the certifications required under section 2912(b), the Secretary shall publish in the Federal Register and transmit to the congressional defense committees and the Commission, not later than May 16, 2005, 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 infrastructure inventory prepared by the Secretary under section 2912 and the final selection criteria specified in section 2913.
(b)

Preparation of Recommendations.—
(1)

In general.—
The Secretary shall comply with paragraphs (2) through (6) of section 2903(c) in preparing and transmitting the recommendations under this section. However, paragraph (6) of section 2903(c) relating to submission of information to Congress shall be deemed to require such submission within 48 hours.
(2)

Consideration of local government views.—
(A)
In making recommendations to the Commission in 2005, the Secretary shall consider any notice received from a local government in the vicinity of a military installation that the government would approve of the closure or realignment of the installation.
(B)
Notwithstanding the requirement in subparagraph (A), the Secretary shall make the recommendations referred to in that subparagraph based on the force-structure plan, infrastructure inventory, and final selection criteria otherwise applicable to such recommendations.
(C)
The recommendations shall include a statement of the result of the consideration of any notice described in subparagraph (A) that is received with respect to a military installation covered by such recommendations. The statement shall set forth the reasons for the result.
[Subsection (c) repealed by section 2833 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2133).]
(d)

Commission Review and Recommendations.—
(1)

In general.—
Except as provided in this subsection, section 2903(d) shall apply to the consideration by the Commission of the recommendations transmitted by the Secretary in 2005. The Commission's report containing its findings and conclusions, based on a review and analysis of the Secretary's recommendations, shall be transmitted to the President not later than September 8, 2005.
(2)

Availability of recommendations to congress.—
After September 8, 2005, the Commission shall promptly provide, upon request, to any Member of Congress information used by the Commission in making its recommendations.
(3)

Limitations on authority to consider additions to closure or realignment lists.—
The Commission may not consider making a change in the recommendations of the Secretary that would add a military installation to the Secretary's list of installations recommended for closure or realignment unless, in addition to the requirements of section 2903(d)(2)(C)—
(A)
the Commission provides the Secretary with at least a 15-day period, before making the change, in which to submit an explanation of the reasons why the installation was not included on the closure or realignment list by the Secretary; and
(B)
the decision to add the installation for Commission consideration is supported by at least seven members of the Commission.
(4)

Testimony by secretary.—
The Commission shall invite the Secretary to testify at a public hearing, or a closed hearing if classified information is involved, on any proposed change by the Commission to the Secretary's recommendations.
(5)

Requirements to expand closure or realignment recommendations.—
In the report required under section 2903(d)(2)(A) that is to be transmitted under paragraph (1), the Commission may not make a change in the recommendations of the Secretary that would close a military installation not recommended for closure by the Secretary, would realign a military installation not recommended for closure or realignment by the Secretary, or would expand the extent of the realignment of a military installation recommended for realignment by the Secretary unless—
(A)
at least two members of the Commission visit the military installation before the date of the transmittal of the report; and
(B)
the decision of the Commission to make the change to recommend the closure of the military installation, the realignment of the installation, or the expanded realignment of the installation is supported by at least seven members of the Commission.
(6)

Comptroller general report.—
The Comptroller General report required by section 2903(d)(5)(B) analyzing the recommendations of the Secretary and the selection process in 2005 shall be transmitted to the congressional defense committees not later than July 1, 2005.
(e)

Review by the President.—
(1)

In general.—
Except as provided in this subsection, section 2903(e) shall apply to the review by the President of the recommendations of the Commission under this section, and the actions, if any, of the Commission in response to such review, in 2005. The President shall review the recommendations of the Secretary and the recommendations contained in the report of the Commission under subsection (d) and prepare a report, not later than September 23, 2005, containing the President's approval or disapproval of the Commission's recommendations.
(2)

Commission reconsideration.—
If the Commission prepares a revised list of recommendations under section 2903(e)(3) in 2005 in response to the review of the President in that year under paragraph (1), the Commission shall transmit the revised list to the President not later than October 20, 2005.
(3)

Effect of failure to transmit.—
If the President does not transmit to Congress an approval and certification described in paragraph (2) or (4) of section 2903(e) by November 7, 2005, the process by which military installations may be selected for closure or realignment under this part in 2005 shall be terminated.
(4)

Effect of transmittal.—
A report of the President under this subsection containing the President's approval of the Commission's recommendations is deemed to be a report under section 2903(e) for purposes of sections 2904 and 2908.
part B—

Other Provisions Relating to Defense Base Closures and Realignments
SEC. 2921.
[10 U.S.C. 2687 note]

CLOSURE OF FOREIGN MILITARY INSTALLATIONS
It is the sense of the Congress that—
(1)
the termination of military operations by the United States at military installations outside the United States should be accomplished at the discretion of the Secretary of Defense at the earliest opportunity;
(2)
in providing for such termination, the Secretary of Defense should take steps to ensure that the United States receives, through direct payment or otherwise, consideration equal to the fair market value of the improvements made by the United States at facilities that will be released to host countries;
(3)
the Secretary of Defense, acting through the military component commands or the sub-unified commands to the combatant commands, should be the lead official in negotiations relating to determining and receiving such consideration; and
(4)
the determination of the fair market value of such improvements released to host countries in whole or in part by the United States should be handled on a facility-by-facility basis.
SEC. 2922.

MODIFICATION OF THE CONTENT OF BIANNUAL REPORT OF THE COMMISSION ON ALTERNATIVE UTILIZATION OF MILITARY FACILITIES
[Omitted—Amendments]
SEC. 2923.

FUNDING FOR ENVIRONMENTAL RESTORATION AT MILITARY INSTALLATIONS SCHEDULED FOR CLOSURE INSIDE THE UNITED STATES
(a)

Authorization of Appropriations.—
There is hereby authorized to be appropriated to the Department of Defense Base Closure Account for fiscal year 1991, in addition to any other funds authorized to be appropriated to that account for that fiscal year, the sum of $100,000,000. Amounts appropriated to that account pursuant to the preceding sentence shall be available only for activities for the purpose of environmental restoration at military installations closed or realigned under title II of Public Law 100–526, as authorized under section 204(a)(3) of that title.
(b)

Exclusive Source of Funding.—
(1)
Section 207 of Public Law 100–526 is amended by adding at the end the following:
[See section 207 , post at p. 1824]
(c)

Task Force Report.—
(1)
Not later than 12 months after the date of the enactment of this Act [Nov. 5, 1990], the Secretary of Defense shall submit to Congress a report containing the findings and recommendations of the task force established under paragraph (2) concerning—
(A)
ways to improve interagency coordination, within existing laws, regulations, and administrative policies, of environmental response actions at military installations (or portions of installations) that are being closed, or are scheduled to be closed, pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526); and
(B)
ways to consolidate and streamline, within existing laws and regulations, the practices, policies, and administrative procedures of relevant Federal and State agencies with respect to such environmental response actions so as to enable those actions to be carried out more expeditiously.
(2)
There is hereby established an environmental response task force to make the findings and recommendations, and to prepare the report, required by paragraph (1). The task force shall consist of the following (or their designees):
(A)
The Secretary of Defense, who shall be chairman of the task force.
(B)
The Attorney General.
(C)
The Administrator of the General Services Administration.
(D)
The Administrator of the Environmental Protection Agency.
(E)
The Chief of Engineers, Department of the Army.
(F)
A representative of a State environmental protection agency, appointed by the head of the National Governors Association.
(G)
A representative of a State attorney general's office, appointed by the head of the National Association of Attorney Generals.
(H)
A representative of a public-interest environmental organization, appointed by the Speaker of the House of Representatives.
SEC. 2924.

COMMUNITY PREFERENCE CONSIDERATION IN CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
In any process of selecting any military installation inside the United States for closure or realignment, the Secretary of Defense shall take such steps as are necessary to assure that special consideration and emphasis is given to any official statement from a unit of general local government adjacent to or within a military installation requesting the closure or realignment of such installation.
SEC. 2925.

RECOMMENDATIONS OF THE BASE CLOSURE COMMISSION
(a)

Norton Air Force Base.—
(1)
Consistent with the recommendations of the Commission on Base Realignment and Closure, the Secretary of the Air Force may not relocate, until after September 30, 1995, any of the functions that were being carried out at the ballistics missile office at Norton Air Force Base, California, on the date on which the Secretary of Defense transmitted a report to the Committees on Armed Services of the Senate and House of Representatives as described in section 202(a)(1) of Public Law 100–526.
(2)
This subsection shall take effect as of the date on which the report referred to in subsection (a) was transmitted to such Committees.
(b)

General Directive.—
Consistent with the requirements of section 201 of Public Law 100–526, the Secretary of Defense shall direct each of the Secretaries of the military departments to take all actions necessary to carry out the recommendations of the Commission on Base Realignment and Closure and to take no action that is inconsistent with such recommendations.
SEC. 2926.

CONTRACTS FOR CERTAIN ENVIRONMENTAL RESTORATION ACTIVITIES
[Repealed by section 316 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1432).]
DIVISION C—

OTHER NATIONAL DEFENSE AUTHORIZATIONS
TITLE XXXI—

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Part E—

Department of Energy Science Education Programs
SEC. 3161.
[42 U.S.C. 7381 note]

SHORT TITLE
This part may be cited as the “Department of Energy Science Education Enhancement Act”.
SEC. 3162.
[42 U.S.C. 7381]

FINDINGS AND PURPOSES
(a)

Findings.—
The Congress finds the following:
(1)
Scientific, technical, and engineering competence is essential to the Nation's future well-being.
(2)
The scientific, technical, and engineering capability at the Federal laboratories is unmatched throughout the world.
(3)
Superb research, development, testing, and evaluation occur in Department of Energy research and development facilities.
(4)
Department of Energy research and development facilities will play an increasing role in assuring that the United States remains competitive in world markets.
(5)
Improvements in mathematics, science, and engineering education are needed desperately to provide the trained and educated citizenry essential to the future competitiveness of the United States.
(6)
The future health and vitality of the economy of the United States is predicated on the availability of an adequate supply of scientists, mathematicians, and engineers to provide for growing needs and to replenish the workforce.
(7)
United States college and university enrollment in science, mathematics, and engineering programs is sharply declining at undergraduate, graduate, and post-graduate levels.
(8)
The Federal Government is the largest United States employer of research scientists, mathematicians, and engineers, and the Department of Energy has a growing need for scientists, mathematicians, and engineers at a time when these enrollments are declining.
(9)
Women and minorities are grossly underrepresented in science and mathematics fields, and this group represents more than 80 percent of the projected increase in the national workforce through the year 2000.
(b)

Purposes.—
The purposes of this part are—
(1)
to encourage the development and implementation of science, mathematics, and engineering education programs at the Department of Energy and at its research and development facilities as part of a national effort to improve science, mathematics, and engineering education; and
(2)
to provide more efficient coordination among science, mathematics, and engineering education programs.
Subpart A—

Science Education Enhancement
* * * * * * *
SEC. 3164.
[42 U.S.C. 7381a]

SCIENCE EDUCATION PROGRAMS
(a)

Programs.—
The Secretary is authorized to establish programs to enhance the quality of mathematics, science, and engineering education. Any such programs shall be operated at or through the support of Department research and development facilities, shall use the scientific resources of the Department, and shall be consistent with the overall Federal plan for education and human resources in science and technology developed by the Federal Coordinating Council for Science, Engineering, and Technology.
(b)

Organization of Science, Engineering, and Mathematics Education Programs.—
(1)

Director of science, engineering, and mathematics education.—
Notwithstanding any other provision of law, the Secretary, acting through the Under Secretary for Science (referred to in this subsection as the “Under Secretary”), shall appoint a Director of Science, Engineering, and Mathematics Education (referred to in this subsection as the “Director”) with the principal responsibility for administering science, engineering, and mathematics education programs across all functions of the Department.
(2)

Qualifications.—
The Director shall be an individual, who by reason of professional background and experience, is specially qualified to advise the Under Secretary on all matters pertaining to science, engineering, and mathematics education at the Department.
(3)

Duties.—
The Director shall—
(A)
oversee all science, engineering, and mathematics education programs of the Department;
(B)
represent the Department as the principal interagency liaison for all science, engineering, and mathematics education programs, unless otherwise represented by the Secretary or the Under Secretary;
(C)
prepare the annual budget and advise the Under Secretary on all budgetary issues for science, engineering, and mathematics education programs of the Department;
(D)
increase, to the maximum extent practicable, the participation and advancement of women and underrepresented minorities at every level of science, technology, engineering, and mathematics education; and
(E)
perform other such matters relating to science, engineering, and mathematics education as are required by the Secretary or the Under Secretary.
(4)

Staff and other resources.—
The Secretary shall assign to the Director such personnel and other resources as the Secretary considers necessary to permit the Director to carry out the duties of the Director.
(5)

Assessment.—
(A)

In general.—
The Secretary shall offer to enter into a contract with the National Academy of Sciences under which the National Academy, not later than 5 years after, and not later than 10 years after, the date of enactment of this paragraph, shall assess the performance of the science, engineering, and mathematics education programs of the Department.
(B)

Considerations.—
An assessment under this paragraph shall be conducted taking into consideration, where applicable, the effect of science, engineering, and mathematics education programs of the Department on student academic achievement in science and mathematics.
(6)

Authorization of appropriations.—
There are authorized to be appropriated such sums as are necessary to carry out this subsection.
(c)

Relationship to Other Department Activities.—
The programs described in subsection (a) shall supplement and be coordinated with current activities of the Department, but shall not supplant them.
(d)

Science, Engineering, and Mathematics Education Fund.—
The Secretary shall establish a Science, Engineering, and Mathematics Education Fund, using not less than 0.3 percent of the amount made available to the Department for research, development, demonstration, and commercial application for each fiscal year, to carry out sections 3165, 3166, and 3167.
(e)

Annual Plan for Allocation of Education Funding.—
The Secretary shall submit to Congress as part of the annual budget submission for a fiscal year a report describing the manner in which the Department has complied with subsection (d) for the prior fiscal year and the manner in which the Department proposes to comply with subsection (d) during the following fiscal year, including—
(1)
the total amount of funding for research, development, demonstration, and commercial application activities for the corresponding fiscal year;
(2)
the amounts set aside for the Science, Engineering, and Mathematics Education Fund under subsection (d) from funding for research activities, development activities, demonstration activities, and commercial application activities for the corresponding fiscal year; and
(3)
a description of how the funds set aside under subsection (d) were allocated for the prior fiscal year and will be allocated for the following fiscal year.
(f)

Programs for Students From Under-Represented Groups.—
In carrying out a program under subsection (a), the Secretary shall give priority to activities that are designed to encourage students from under-represented groups to pursue scientific and technical careers.
SEC. 3165.
[42 U.S.C. 7381b]

LABORATORY COOPERATIVE SCIENCE CENTERS AND OTHER AUTHORIZED EDUCATION ACTIVITIES
(a)

Activities.—
The Secretary is authorized to:
(1)
Support research appointments for college and university science and engineering students, and for faculty-student teams, at Department research and development facilities.
(2)
Support research appointments for high school science teachers at Department research and development facilities.
(3)
Support research apprenticeship appointments at Department research and development facilities for students underrepresented in science and technology careers.
(4)
Support research experience programs at Department research and development facilities for nationally selected high school honor students.
(5)
Operate mathematics and science education programs for elementary and secondary students at Department research and development facilities.
(6)
Establish a museum-based science education program.
(7)
Establish collaborative inner-city and rural partnership programs designed to meet the special mathematics and science education needs of students in inner-city and rural areas.
(8)
Provide paid administrative leave for employees of the Department or Department research and development facilities who volunteer to interact with schools, colleges, universities, teachers, or students for the purpose of science, mathematics, and engineering education.
(9)
Establish a talent pool of volunteer scientists, mathematicians, and engineers who have retired from the Department or Department research and development facilities to serve at schools and school districts for the purpose of (A) assisting teachers, with activities such as experiments, lectures, or the preparation of materials; (B) serving as counselors to students on science, mathematics, and engineering; and (C) otherwise assisting science, mathematics, and engineering classes. The Secretary, acting through Department research and development facilities, shall, wherever possible, identify and match schools and school districts with retired scientists, mathematicians, and engineers.
(10)
Establish a Young Americans' Summer Science Camp Program to provide secondary school students with a hands-on science experience as well as exposure to working scientists and career counseling.
(11)
Establish a program for mathematics and science teachers to provide teachers serving large numbers of disadvantaged students with new strategies for mathematics and science instruction.
(12)
Support graduate students and, through university-based cooperative programs, undergraduate students for the purpose of encouraging more students to pursue scientific and technical careers, with a particular focus on the recruitment of women and minority students.
(13)
Establish a prefreshman enrichment program in which middle-school students attend summer workshops on mathematics, science, and engineering conducted by universities on their campuses.
(14)4
Support competitive events for students under the supervision of teachers, designed to encourage student interest and knowledge in science and mathematics.
^4
Placement of paragraphs (14) through (17) reflect the probable intent of Congress. Section 1102(b) of PL 109–58 inserts at the end of section 3165 but probably should have been made to insert such paragraph at the end of section 3165(a).
(15)
Support competitively-awarded, peer-reviewed programs to promote professional development for mathematics teachers and science teachers who teach in grades from kindergarten through grade 12 at Department research and development facilities.
(16)
Support summer internships at Department research and development facilities, for mathematics teachers and science teachers who teach in grades from kindergarten through grade 12.
(17)
Sponsor and assist in educational and training activities identified as critical skills needs for future workforce development at Department research and development facilities.
(b)

Use of Facilities.—
Any of the activities authorized by subsection (a) may be conducted through Department research and development facilities. The Secretary may designate facilities conducting such education activities as “Laboratory Cooperative Science Centers”.
(c)

Funding.—
The Secretary is authorized to accept non-Federal funds to finance education activities described in subsection (a).
SEC. 3166.
[42 U.S.C. 7381c]

EDUCATION PARTNERSHIPS
(a)

Education Partnerships.—
The Secretary may authorize each Department research and development facility, to the extent practicable and consistent with the provisions of the laboratory's management and operating contract, to enter into education partnership agreements with educational institutions in the United States (including local educational agencies, colleges, and universities) for the purpose of encouraging and enhancing study in scientific disciplines at all levels of education.
(b)

Types of Assistance.—
Under a partnership agreement entered into with an educational institution under subsection (a) and as authorized by the Secretary, a Department research and development facility may provide assistance to the educational institution by—
(1)
loaning or transferring equipment to the institution;
(2)
transferring to the institution equipment determined by the director of the Department research and development facility to be surplus;
(3)
making personnel of Department research and development facilities available to teach science courses or to assist in the development of science courses and materials for the institution;
(4)
involving faculty and students of the institution in research programs of Department research and development facilities;
(5)
cooperating with the institution in developing a program under which students may be given academic credit for work on research projects of Department research and development facilities;
(6)
providing academic and career advice and assistance to students of the institution; and
(7)
providing funds to educational institutions to hire personnel to facilitate interactions between local school systems, Department research and development facilities, and corporate and governmental entities.
SEC. 3167.
[42 U.S.C. 7381c–1]

PARTNERSHIPS WITH HISTORICALLY BLACK COLLEGES AND UNIVERSITIES, HISPANIC-SERVING INSTITUTIONS, AND TRIBAL COLLEGES.
(a)

Definitions.—
In this section:
(1)

Hispanic-serving institution.—
The term “Hispanic-serving institution” has the meaning given the term in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)).
(2)

Historically black college or university.—
The term “historically Black college or university” has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(3)

National laboratory.—
The term “National Laboratory” has the meaning given the term in section 2 of the Energy Policy Act of 2005.
(4)

Science facility.—
The term “science facility” has the meaning given the term “single-purpose research facility” in section 903 of the Energy Policy Act of 2005.
(5)

Tribal college.—
The term “tribal college” has the meaning given the term “tribally controlled college or university” in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801(a)).
(b)

Education Partnership.—
The Secretary shall require the director of each National Laboratory, and may require the head of any science facility, to increase the participation of historically Black colleges or universities, Hispanic-serving institutions, or tribal colleges in any activity that increases the capacity of the historically Black colleges or universities, Hispanic-serving institutions, or tribal colleges to train personnel in science or engineering.
(c)

Activities.—
An activity described in subsection (b) includes—
(1)
collaborative research;
(2)
equipment transfer;
(3)
training activities carried out at a National Laboratory or science facility; and
(4)
mentoring activities carried out at a National Laboratory or science facility.
(d)

Report.—
Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to Congress a report describing the activities carried out under this section.
SEC. 3167A.
[42 U.S.C. 7381c–2]

BROADENING PARTICIPATION FOR TEACHERS AND SCIENTISTS.
(a)

In General.—
The Secretary shall—
(1)
expand opportunities to increase the number of highly skilled science, technology, engineering, and mathematics (STEM) professionals working in disciplines relevant to the mission of the Department; and
(2)
broaden the recruitment pool to increase participation from Historically Black Colleges or Universities (as defined in section 3167B(f)), Hispanic-serving institutions (as defined in that section), Tribal Colleges or Universities (as defined in that section), minority-serving institutions (as defined in that section), institutions in eligible jurisdictions (as defined in that section), emerging research institutions, community colleges, and scientific societies in those disciplines.
(b)

Plan.—
Not later than 1 year after the date of enactment of the Research and Development, Competition, and Innovation Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committees on Energy and Natural Resources and Commerce, Science, and Transportation of the Senate and make available to the public a plan for broadening participation of underrepresented groups in science, technology, engineering, and mathematics in programs supported by the Department, including—
(1)
a plan for supporting relevant Federal research award grantees and leveraging the National Science Foundation INCLUDES National Network and relevant partnerships, including partnerships maintained by other Federal research agencies;
(2)
metrics for assessing the participation of underrepresented groups in programs supported by the Department;
(3)
experienced and potential barriers to broadening participation of underrepresented groups in programs supported by the Department, including recommended solutions; and
(4)
any other activities the Secretary determines appropriate.
(c)

Authorization of Appropriations.—
Of the amounts authorized to be appropriated under section 3169, not less than $2,000,000 is authorized to be appropriated each fiscal year for the activities described in this section.
SEC. 3167B.
[42 U.S.C. 7381c–3]

EXPANDING OPPORTUNITIES FOR HIGHLY SKILLED SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) PROFESSIONALS.
(a)

In General.—
The Secretary shall—
(1)
expand opportunities and increase the number of highly skilled science, technology, engineering, and mathematics (STEM) professionals working in disciplines relevant to the mission of the Department; and
(2)
broaden the recruitment pool to increase participation from and expand partnerships with Historically Black Colleges or Universities, Hispanic serving institutions, Tribal Colleges or Universities, minority-serving institutions, institutions in eligible jurisdictions, emerging research institutions, community colleges, and scientific societies in those disciplines.
(b)

Plan and Outreach Strategy.—
(1)

Plan.—
(A)

In general.—
Not later than 180 days after the date of enactment of the Research and Development, Competition, and Innovation Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a 10-year educational plan to fund and expand new or existing programs administered by the Office of Science and sited at the National Laboratories and Department user facilities to expand educational and workforce development opportunities for underrepresented individuals, including—
(i)
high school, undergraduate, and graduate students; and
(ii)
recent graduates, teachers, and faculty in STEM fields.
(B)

Contents.—
The plan under subparagraph (A) may include paid internships, fellowships, temporary employment, training programs, visiting student and faculty programs, sabbaticals, and research support.
(2)

Outreach capacity.—
The Secretary shall include in the plan under paragraph (1) an outreach strategy to improve the advertising, recruitment, and promotion of educational and workforce development programs to community colleges, Historically Black Colleges or Universities, Hispanic-serving institutions, Tribal Colleges or Universities, minority-serving institutions, institutions in eligible jurisdictions, and emerging research institutions.
(c)

Building Research Capacity.—
(1)

In general.—
The Secretary shall develop programs that strengthen the research capacity relevant to Office of Science disciplines at emerging research institutions, including minority-serving institutions, Tribal Colleges or Universities, Historically Black Colleges or Universities, institutions in eligible jurisdictions (as defined in section 2203(b)(3)(A) of the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)(A))), institutions in communities with dislocated workers who were previously employed in manufacturing, energy production, including coal power plants, and mineral and material mining, and other institutions of higher education.
(2)

Inclusions.—
The programs developed under paragraph (1) may include—
(A)
enabling mutually beneficial and jointly managed partnerships between research-intensive institutions and emerging research institutions; and
(B)
soliciting research proposals, fellowships, training programs, and research support directly from emerging research institutions.
(d)

Traineeships.—
(1)

In general.—
The Secretary shall establish a university-led Traineeship Program to address workforce development needs in STEM fields relevant to the Department.
(2)

Focus.—
The focus of the Traineeship Program established under paragraph (1) shall be on—
(A)
supporting workforce development and research experiences for underrepresented undergraduate and graduate students; and
(B)
increasing participation from underrepresented populations.
(3)

Inclusion.—
The traineeships under the Traineeship Program established under paragraph (1) shall include opportunities to build the next-generation workforce in research areas critical to maintaining core competencies across the programs of the Office of Science.
(e)

Evaluation.—
(1)

In general.—
The Secretary shall establish key performance indicators to measure and monitor progress of education and workforce programs and expand Departmental activities for data collection and analysis.
(2)

Report.—
Not later than 2 years after the date of enactment of the Research and Development, Competition, and Innovation Act, and every 2 years thereafter, the Secretary shall submit to the Committee on Science, Space, and Technology and the Committee on Education and Labor of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Health, Education, Labor, and Pensions of the Senate a report summarizing progress toward meeting the key performance indicators established under paragraph (1).
(f)

Definitions.—
In this section:
(1)

Community college.—
The term “community college” means—
(A)
a public institution of higher education, including additional locations, at which the highest awarded degree, or the predominantly awarded degree, is an associate degree; or
(B)
any Tribal college or university.
(2)

Dislocated worker.—
The term “dislocated worker” has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(3)

Hispanic-serving institution.—
The term “Hispanic-serving institution” has the meaning given the term in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)).
(4)

Historically black college or university.—
The term “Historically Black College or University” has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(5)

Institution in an eligible jurisdiction.—
The term “institution in an eligible jurisdiction” means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that is located in an eligible jurisdiction (as defined in section 2203(b)(3)(A) of the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)(A))).
(6)

Minority-serving institution.—
The term “minority-serving institution” includes the entities described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(7)

STEM.—
The term “STEM” means the subjects listed in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note; Public Law 114–59).
(8)

Tribal college or university.—
The term “Tribal College or University” has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).
SEC. 3168.
[42 U.S.C. 7381d]

DEFINITIONS
In this part:
(1)
The term “Secretary” means the Secretary of Energy.
(2)
The term “Department” means the Department of Energy.
(3)
The term “Department research and development facilities” means all Department of Energy single-purpose and multipurpose National Laboratories and research and development facilities and programs, and any other facility or program operated by a contractor funded by the Department of Energy.
(4)
The term “local educational agency” has the meaning given that term by section 1471(12) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12)).
(5)

National laboratory.—
The term “National Laboratory” has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
SEC. 3169.
[42 U.S.C. 7381e]

AUTHORIZATION OF APPROPRIATIONS
Out of funds authorized to be appropriated for the Office of Science of the Department of Energy in a fiscal year, there are authorized to be appropriated to the Secretary for carrying out university research support and other science, mathematics, and engineering education programs authorized by this subpart and administered by the Office of Science of the Department of Energy, $40,000,000 for each of fiscal years 2023 through 2027.
Subpart B—

Science, Engineering, and Mathematics Education Programs
SEC. 3170.
[42 U.S.C. 7381g]

DEFINITIONS.
In this subpart:
(1)

Director.—
The term “Director” means the Director of Science, Engineering, and Mathematics Education.
(2)

National laboratory.—
The term “National Laboratory” has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
[Chapters 1 and 2 were repealed by section 901(c)(1) of Public Law 111–358.]
CHAPTER 3—

NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION
SEC. 3181.
[42 U.S.C. 7381l]

NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION.
(a)

Definition of High-Need Public Secondary School.—
In this section, the term “high-need public secondary school” means a secondary school—
(1)
in which 40 percent or more of the students attending the school are children from low-income families; or
(2)
designated with a school locale code of 41, 42, or 43, as determined by the Secretary of Education.
(b)

Establishment.—
The Secretary shall establish at each of the National Laboratories a program to support a Center of Excellence in Science, Technology, Engineering, and Mathematics (referred to in this section as a “Center of Excellence”) in at least 1 high-need public secondary school located in the region served by the National Laboratory to provide assistance in accordance with subsection (f).
(c)

Collaboration.—
(1)

In general.—
To comply with subsection (g), each high-need public secondary school selected as a Center of Excellence and the National Laboratory shall form a partnership with a school, department, or program of education at an institution of higher education.
(2)

Nonprofit entities.—
The partnership may include a nonprofit entity with demonstrated experience and effectiveness in science or mathematics, as agreed to by other members of the partnership.
(d)

Selection.—
(1)

In general.—
The Secretary, acting through the Director, shall establish criteria to guide the National Laboratories in selecting the sites for Centers of Excellence.
(2)

Process.—
A National Laboratory shall select a site for a Center of Excellence through an open, widely-publicized, and competitive process.
(e)

Goals.—
The Secretary shall establish goals and performance assessments for each Center of Excellence authorized under subsection (b).
(f)

Assistance.—
Consistent with sections 3165 and 3166, the Director shall make available necessary assistance for a program established under this section through the use of scientific and engineering staff of a National Laboratory, including the use of staff—
(1)
to assist teachers in teaching a course at a Center of Excellence in Science, Technology, Engineering, and Mathematics; and
(2)
to use National Laboratory scientific equipment in the teaching of the course.
(g)

Special Rules.—
A Center of Excellence in a region shall ensure—
(1)
provision of clinical practicum, student teaching, or internship experiences for science, technology, and mathematics teacher candidates as part of the teacher preparation program of the Center of Excellence;
(2)
provision of supervision and mentoring for teacher candidates in the teacher preparation program; and
(3)
to the maximum extent practicable, provision of professional development for veteran teachers in the public secondary schools in the region.
(h)

Evaluation.—
The Secretary shall consider the results of performance assessments required under subsection (e) in determining the contract award fee of a National Laboratory management and operations contractor.
(i)

Plan.—
The Director shall—
(1)
develop an evaluation and accountability plan for the activities funded under this section that objectively measures the impact of the activities; and
(2)
disseminate information obtained from those measurements.
(j)

No Effect on Similar Programs.—
Nothing in this section displaces or otherwise affects any similar program being carried out as of the date of enactment of this section at any National Laboratory under any other provision of law.
CHAPTER 4—

SUMMER INSTITUTES
SEC. 3185.
[42 U.S.C. 7381n]

SUMMER INSTITUTES.
(a)

Definitions.—
In this section:
(1)

Eligible partner.—
The term “eligible partner” means—
(A)
the science, engineering, or mathematics department at an institution of higher education, acting in coordination with a school, department, or program of education at an institution of higher education that provides training for teachers and principals; or
(B)
a nonprofit entity with expertise in providing professional development for science, technology, engineering, or mathematics teachers.
(2)

Summer institute.—
The term “summer institute” means an institute, operated during the summer, that—
(A)
is hosted by a National Laboratory or an eligible partner;
(B)
is operated for a period of not less than 2 weeks;
(C)
includes, as a component, a program that provides direct interaction between students and faculty, including personnel of 1 or more National Laboratories who have scientific expertise;
(D)
provides for follow-up training, during the academic year, that is conducted in the classroom; and
(E)
provides hands-on science, technology, engineering, or mathematics laboratory experience for not less than 2 days.
(b)

Summer Institute Programs Authorized.—
(1)

Programs at the national laboratories.—
The Secretary, acting through the Director, shall establish or expand programs of summer institutes at each of the National Laboratories to provide additional training to strengthen the science, technology, engineering, and mathematics teaching skills of teachers employed at public schools for kindergarten through grade 12, in accordance with the activities authorized under paragraphs (3) and (4).
(2)

Programs with eligible partners.—
(A)

In general.—
The Secretary, acting through the Director, shall identify and provide assistance as described in subparagraph (C) to eligible partners to establish or expand programs of summer institutes that provide additional training to strengthen the science, technology, engineering, and mathematics teaching skills of teachers employed at public schools for kindergarten through grade 12, in accordance with paragraphs (3) and (4).
(B)

Selection criteria.—
In identifying eligible partners under subparagraph (A), the Secretary shall require that partner institutions describe—
(i)
how the partner institution has the capability to administer the program in accordance with this section, which may include a description of any existing programs at the institution of the applicant that are targeted at education of science and mathematics teachers and the number of teachers graduated annually from the programs; and
(ii)
how the partner institution will assist the National Laboratory in carrying out the activities described in paragraphs (3) and (4).
(C)

Assistance.—
Consistent with sections 3165 and 3166, the Director shall make available funds authorized under this section to carry out a program using scientific and engineering staff of the National Laboratories, during which the staff—
(i)
assists in providing training to teachers at summer institutes; and
(ii)
uses National Laboratory scientific equipment in the training.
(3)

Required activities.—
Funds authorized under this section shall be used for—
(A)
creating opportunities for enhanced and ongoing professional development for teachers that improves the science, technology, engineering, and mathematics content knowledge of the teachers;
(B)
training to improve the ability of science, technology, engineering, and mathematics teachers to translate content knowledge and recent developments in pedagogy into classroom practice, including training to use curricula that are—
(i)
based on scientific research; and
(ii)
aligned with challenging State academic content standards;
(C)
training on the use and integration of technology in the classrooms; and
(D)
supplemental and follow-up professional development activities as described in subsection (a)(2)(D).
(4)

Additional uses of funds.—
Funds authorized under this section may be used for—
(A)
training and classroom materials to assist in carrying out paragraph (3);
(B)
expenses associated with scientific and engineering staff at the National Laboratories assisting in providing training to teachers at summer institutes;
(C)
instruction in the use and integration of data and assessments to inform and instruct classroom practice; and
(D)
stipends and travel expenses for teachers participating in the program.
(c)

Priority.—
To the maximum extent practicable, the Director shall ensure that each summer institute program authorized under subsection (b) provides training to—
(1)
teachers from a wide range of school districts;
(2)
teachers from high-need school districts; and
(3)
teachers from groups underrepresented in the fields of science, technology, engineering, and mathematics teaching, including women and members of minority groups.
(d)

Coordination and Consultation.—
The Director shall consult and coordinate with the Secretary of Education and the Director of the National Science Foundation regarding the implementation of the programs authorized under subsection (b).
(e)

Evaluation and Accountability Plan.—
(1)

In general.—
The Director shall develop an evaluation and accountability plan for the activities funded under this section that measures the impact of the activities.
(2)

Contents.—
The evaluation and accountability plan shall include—
(A)
measurable objectives to increase the number of science, technology, and mathematics teachers who participate in the summer institutes involved; and
(B)
measurable objectives for improved student academic achievement on State science, mathematics, and to the maximum extent applicable, technology and engineering assessments.
(3)

Report to congress.—
The Secretary shall submit to Congress with the annual budget submission of the Secretary a report on how the activities assisted under this section improve the science, technology, engineering, and mathematics teaching skills of participating teachers.
(f)

Authorization of Appropriations.—
There are authorized to be appropriated to carry out this section—
(1)
$15,000,000 for fiscal year 2008;
(2)
$20,000,000 for fiscal year 2009;
(3)
$25,000,000 for fiscal year 2010; and
(4)
$25,000,000 for each of fiscal years 2011 through 2013.
[Chapter 5 was repealed by section 901(c)(1) of Public Law 111–358]
CHAPTER 6—

ADMINISTRATION
SEC. 3195.
[42 U.S.C. 7381r]

MENTORING PROGRAM.
(a)

In General.—
As part of the programs established under chapters 3 and 4, the Director shall establish a program to recruit and provide mentors for women and underrepresented minorities who are interested in careers in science, engineering, and mathematics.
(b)

Pairing.—
The program shall pair mentors with women and minorities who are in programs of study at specialty schools for science and mathematics, Centers of Excellence, and summer institutes established under chapters 3 and 4, respectively.
(c)

Program Evaluation.—
The Secretary shall annually—
(1)
use metrics to evaluate the success of the programs established under subsection (a); and
(2)
submit to Congress a report that describes the results of each evaluation.
* * * * * * *
DIVISION D—

ECONOMIC ADJUSTMENT, DIVERSIFICATION, CONVERSION, AND STABILIZATION
SEC. 4001.
[10 U.S.C. 2391 note]

SHORT TITLE
This division may be cited as the “Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990”.
SEC. 4002.
[10 U.S.C. 2391 note]

FINDINGS AND POLICY
(a)

Findings.—
Congress makes the following findings:
(1)
There are likely to be significant reductions in the programs, projects, and activities of the Department of Defense during the first several fiscal years following fiscal year 1990.
(2)
Such reductions will adversely affect the economies of many communities in the United States and small businesses and civilian workers throughout the United States.
(b)

Policy.—
In view of the findings expressed in subsection (a), it is the policy of the United States that—
(1)
assistance be provided under existing planning assistance programs and economic adjustment assistance programs of the Federal Government to substantially and seriously affected communities, businesses, and workers to the extent necessary to facilitate an orderly transition for such communities, small businesses, and workers from economic reliance on Department of Defense spending to economic reliance on other sources of business, employment, and revenue; and
(2)
funding for such programs be increased by amounts necessary to meet the needs of such communities, small businesses, and workers without reducing the funding that would otherwise be available under those programs by reason of causes unrelated to the reductions referred to in subsection (a)(1).
SEC. 4003.
[10 U.S.C. 2391 note]

DEFINITIONS
For purposes of this division:
(1)
The term “major defense contract or subcontract” means—
(A)
any defense contract in an amount not less than $5,000,000 (without regard to the date on which the contract was awarded); and
(B)
any subcontract which—
(i)
is entered into in connection with a contract (without regard to the effective date of the subcontract); and
(ii)
involves not less than $500,000.
(2)
The term “Economic Adjustment Committee” or “Committee” means the Economic Adjustment Committee established in Executive Order 12049 (10 U.S.C. 111 note).
(3)
The term “defense facility” means any private or government facility producing goods or services pursuant to a defense contract.
(4)
The term “military installation” means a base, camp, post, station, yard, center, or homeport facility for any ship in the United States, or any other facility under the jurisdiction of a military department located in the United States.
(5)
The term “substantially and seriously affected” means—
(A)
when such term is used in conjunction with the term “community”, a community—
(i)
which has within its administrative and political jurisdiction one or more military installations or defense facilities or which is economically affected by proximity to a military installation or defense facility;
(ii)
in which the actual or threatened curtailment, completion, elimination, or realignment of a defense contract results in a workforce reduction of—
(I)
2,500 or more employee positions, in the case of a Metropolitan Statistical Area or similar area (as defined by the Director of the Office of Management and Budget);
(II)
1,000 or more employee positions, in the case of a labor market area outside of a Metropolitan Statistical Area; or
(III)
one percent of the total number of civilian jobs in that area; and
(iii)
which establishes, by evidence, that any workforce reduction referred to in clause (ii) occurred as a direct result of changes in Department of Defense requirements or programs;
(B)
when such term is used in conjunction with the term “businesses” any business which—
(i)
holds a major defense contract or subcontract (or held such contract or subcontract before a reduction in the defense budget);
(ii)
experiences a reduction, or the threat of a reduction, of—
(I)
25 percent or more in sales or production; or
(II)
80 percent or more of the workforce of such business in any division of such business or at any plant or other facility of such business; and
(iii)
establishes, by evidence, that the reductions referred to in clause (ii) occurred as a direct result of a reduction in the defense budget; and
(C)
when such term is used in conjunction with the term “group of workers”, any group of 100 or more workers at a defense facility who are (or who are threatened to be), eligible to participate in the defense conversion adjustment program under section 325 of the Job Training Partnership Act (as added by section 4202 of this division), as in effect on the day before the date of enactment of the Workforce Investment Act of 1998.
SEC. 4004.
[10 U.S.C. 2391 note]

CONTINUATION OF ECONOMIC ADJUSTMENT COMMITTEE
(a)

Termination or Alteration Prohibited.—
The Economic Adjustment Committee established in Executive Order 12049 (10 U.S.C. 111 note) may not be terminated and the duties of the Committee may not be significantly altered unless specifically authorized by a law.
(b)

Chairman.—
The Secretary of Defense shall be the chairman of the Committee.
(c)

Executive Council.—
Until October 1, 1997, the National Defense Technology and Industrial Base Council shall function as an Executive Council of the Committee. Under the direction of the chairman of the Committee, the Executive Council shall develop policies and procedures to ensure that communities, businesses, and workers substantially and seriously affected by reductions in defense expenditures are advised of the assistance available to such communities, businesses, and workers under programs administered by the departments and agency comprising the Council.
(d)

Duties of Committee.—
The Economic Adjustment Committee shall—
(1)
coordinate and facilitate cooperative efforts among Federal agencies represented on the Committee to implement defense economic adjustment programs; and
(2)
serve as an information clearinghouse for and between Federal, State, and local entities regarding their defense economic adjustment efforts.
TITLE XLI—

ECONOMIC ADJUSTMENT PLANNING
SEC. 4101.

NOTIFICATION
[Repealed by section 825 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201)]
SEC. 4102.
[10 U.S.C. 2391 note]

ECONOMIC ADJUSTMENT PLANNING ASSISTANCE THROUGH THE DEPARTMENT OF DEFENSE
(a)

In General.—
Any substantially and seriously affected community shall be eligible for economic adjustment planning assistance through the Office of Economic Adjustment in the Department of Defense under subsection (b) of section 2391 of title 10, United States Code, subject to subsection (e) of such section. Such assistance shall be provided in accordance with the standards, procedures, and priorities established by the Committee under this division.
(b)
[Omitted—Amendment]
SEC. 4103.
[10 U.S.C. 2391 note]

COMMUNITY ECONOMIC ADJUSTMENT ASSISTANCE THROUGH THE ECONOMIC DEVELOPMENT ADMINISTRATION
(a)

In General.—
A community that has been determined by the Economic Development Administration of the Department of Commerce or the Office of Economic Adjustment of the Department of Defense, in accordance with the standards and procedures established by the Economic Adjustment Committee, to be a substantially and seriously affected community shall be eligible for economic adjustment assistance authorized under title IX of the Public Works and Economic Development Act of 1965, subject to the availability of appropriations for such purpose and subject to meeting the eligibility requirements of such title.
(b)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary of Defense for fiscal year 1991 $50,000,000 for purposes of carrying out subsection (a). Any amount appropriated pursuant to this subsection shall remain available until expended.

TITLE XLII—

ADJUSTMENT ASSISTANCE FOR EMPLOYEES
* * * * * * *
TITLE XLIII—

EXPANSION OF BUSINESS CAPITAL ASSISTANCE PROGRAMS
SEC. 4301.
[10 U.S.C. 2391 note]

EXPANSION OF SMALL BUSINESS LOAN PROGRAM
Not later than 180 days after the date of the enactment of this Act, the President, acting with the assistance of the Committee and after consulting experts in government and the private sector, shall transmit to the Congress recommendations regarding ways that assistance provided pursuant to the business loan program under section 7(a) of the Small Business Act of 1958 may be used to respond to the consequences of defense budget reductions.
SEC. 4302.
[10 U.S.C. 2391 note]

ECONOMIC PLANNING ASSISTANCE FOR EXCEPTIONAL PROJECTS
(a)

Assistance Authorized.—
The Economic Development Administration, in the case of assistance under title IX of the Public Works and Economic Development Act of 1965, and the Office of Economic Adjustment, in the case of planning assistance under section 2391(b) of title 10, United States Code, may award planning assistance under those programs to any substantially and seriously affected community, on behalf of a business, group of businesses, or group of workers, if such planning funds are determined by the agency concerned to be necessary and appropriate as a catalyst for projects which the agency determines, on a case-by-case basis, have exceptional promise for achieving the objectives of this division.
(b)

Conditions on Assistance.—
Awards under this section shall be subject to the availability of appropriations for such purpose and shall be made in accordance with any other applicable provisions of law.
SEC. 4303.
[10 U.S.C. 2391 note]

EXPANSION OF EXPORT FINANCING FOR GOODS AND SERVICES PRODUCED BY FIRMS AND EMPLOYEES FORMERLY ENGAGED IN DEFENSE PRODUCTION
(a)

Export-Import Bank.—
(1)

Sense of congress on plan for expansion.—
It is the sense of Congress that the United States businesses undergoing transition from defense production to nondefense production will need assistance in seizing export markets overseas. Therefore, in order to provide financial support for such businesses, as well as meeting other normal demands on its resources, the annual direct lending authority of the Export-Import Bank of the United States should be increased by at least 150 percent from the fiscal year 1990 level over the five-year period beginning October 1, 1990.
(2)

Report of feasibility.—
Before September 30, 1990, the President, acting with the assistance of the Committee and after consulting the Board of Directors of the Export-Import Bank of the United States and other experts in government and the private sector, shall transmit to the Congress a report assessing the feasibility and desirability of a program for increasing the amount of direct loan authority in the manner described in paragraph (1) and the factors considered in making such assessment.
(3)

Transition to nondefense production required to be considered.—
In determining whether to provide financial support for an export transaction, the Export-Import Bank of the United States shall take into account, to the extent feasible and in accordance with applicable standards and procedures established by the bank in consultation with the Committee, the fact that the product or service is produced or provided by any business or group of workers which—
(A)
was substantially and seriously affected by defense budget reductions; and
(B)
is in transition from defense to nondefense production.
(b)

SBA Use of Authority for Export Financing Assistance.—
In determining whether to provide financial or other assistance under the Small Business Act, title VIII of the Omnibus Trade and Competitiveness Act of 1988, or any program referred to in section 4301 to any small business involved in, or attempting to become involved in, the export of any product or service, the Administrator of the Small Business Administration shall take into account the fact that such product or service is produced or provided by any business or group of workers which—
(1)
has been substantially and seriously affected by defense budget reductions; and
(2)
is in transition from defense to nondefense production.
(c)

Coordination and Integration of Activities and Assistance with Other Agencies.—
In providing additional financial assistance pursuant to any increase in loan authority under this division—
(1)
Federal agencies concerned with international trade shall participate in the process of coordination conducted by the Committee pursuant to section 4004(c)(1); and
(2)
such Federal agencies shall attempt, to the maximum extent practicable, to coordinate and integrate the activities and assistance of the agencies in support of exports, including financial assistance in the form of direct loans, loan guarantees, and insurance, general trade promotion, marketing assistance, and marketing and commercial information, in a manner consistent with the purposes of this division (and the amendments made by this division to other provisions of law).
(d)

Reporting.—
The annual reports made by the Export-Import Bank of the United States and the Administrator of the Small Business Administration and the annual economic stabilization and adjustment report under section 4004(c)(3) of this division shall include a description of the extent to which the bank and the Administrator are—
(1)
providing financing described in subsections (a)(2) and (b), respectively, to businesses or groups of workers which were substantially and seriously affected by defense budget reductions; and
(2)
coordinating and integrating export support and financing activities with other Federal agencies.
SEC. 4304.
[10 U.S.C. 2391 note]

BENEFIT INFORMATION FOR BUSINESSES
(a)

Information Required To Be Provided.—
The Secretary of Commerce and the Administrator of the Small Business Administration shall provide any business affected by defense budget reductions with a complete description of available programs which provide any business, whether on an industrywide or an individual basis, with any planning assistance, financial, technical, or managerial assistance, worker retraining assistance, or other assistance authorized under this division.
(b)

Effective Notification System.—
The Secretary of Commerce and the Administrator of the Small Business Administration shall take such action as may be appropriate to ensure, to the maximum extent practicable, that each business affected by defense budget reductions receives the information required to be provided under subsection (a) on a timely basis.
* * * * * * *
(1)
the mentor firm is not affiliated with the protege firm prior to the approval of that agreement; and
(2)
the mentor firm demonstrates that it—
(A)
is qualified to provide assistance that will contribute to the purpose of the program;
(B)
is of good financial health and character and does not appear on a Federal list of debarred or suspended contractors; and
(C)
can impart value to a protege firm because of experience gained as a Department of Defense contractor or through knowledge of general business operations and government contracting, as demonstrated by evidence that—
(1)
A developmental program for the protege firm, in such detail as may be reasonable, including—
(A)
factors to assess the protege firm's developmental progress under the program;
(B)
a description of the quantitative and qualitative benefits to the Department of Defense from the agreement, if applicable; and
(C)
goals for additional awards that protege firm can compete for outside the Mentor-Protege Program.
(D)
The Secretary may not reimburse any fee assessed by the mentor firm for services provided to the protege firm pursuant to subsection (f)(6) or for business development expenses incurred by the mentor firm under a contract awarded to the mentor firm while participating in a joint venture with the protege firm.
(l)

Report by Mentor Firms.—
To comply with section 8(d)(7) of the Small Business Act (15 U.S.C. 637(d)(7)), each mentor firm shall submit a report to the Secretary not less than once each fiscal year that includes, for the preceding fiscal year—
(1)
all technical or management assistance provided by mentor firm personnel for the purposes described in subsection (f)(1);
(2)
any new awards of subcontracts on a competitive or noncompetitive basis to the protege firm under Department of Defense contracts or other contracts, including the value of such subcontracts;
(3)
any extensions, increases in the scope of work, or additional payments not previously reported for prior awards of subcontracts on a competitive or noncompetitive basis to the protege firm under Department of Defense contracts or other contracts, including the value of such subcontracts;
(4)
the amount of any payment of progress payments or advance payments made to the protege firm for performance under any subcontract made under the Mentor-Protege Program ;
(5)
any loans made by mentor firm to the protege firm;
(6)
all Federal contracts awarded to the mentor firm and the protege firm as a joint venture, designating whether the award was a restricted competition or a full and open competition;
(7)
any assistance obtained by the mentor firm for the protege firm from one or more—
(A)
small business development centers established pursuant to section 21 of the Small Business Act (15 U.S.C. 648);
(B)
entities providing procurement technical assistance pursuant to chapter 142 of title 10, United States Code; or
(C)
historically Black colleges or universities or minority institutions of higher education;
(8)
whether there have been any changes to the terms of the mentor-protege agreement; and
(9)
a narrative describing the success assistance provided under subsection (f) has had in addressing the developmental needs of the protege firm, the impact on Department of Defense contracts, and addressing any problems encountered.
(m)

Review of Report by the Office of Small Business Programs.—
The Office of Small Business Programs of the Department of Defense shall review the report required by subsection (l) and, if the Office finds that the mentor-protege agreement is not furthering the purpose of the Mentor-Protege Program, decide not to approve any continuation of the agreement.
(H)
a small business concern that—
(i)
is a nontraditional defense contractor, as such term is defined in section 2302 of title 10, United States Code; or
(ii)
currently provides goods or services in the private sector that are critical to enhancing the capabilities of the defense supplier base and fulfilling key Department of Defense needs.
(8)
The term “severely disabled individual” means an individual who is blind (as defined in section 8501 of title 41, United States Code) or a severely disabled individual (as defined in such section).
(9)
The term “affiliated”, with respect to the relationship between a mentor firm and a protege firm, means—
(A)
the mentor firm shares, directly or indirectly, with the protege firm ownership or management of the protege firm;
(B)
the mentor firm has an agreement, at the time the mentor firm enters into a mentor-protege agreement under subsection (e), to merge with the protege firm;
(C)
the owners and managers of the mentor firm are the parent, child, spouse, sibling, aunt, uncle, niece, nephew, grandparent, grandchild, or first cousin of an owner or manager of the protege firm;
(D)
the mentor firm has, during the 2-year period before entering into a mentor-protege agreement, employed any officer, director, principal stock holder, managing member, or key employee of the protege firm;
(E)
the mentor firm has engaged in a joint venture with the protege firm during the 2-year period before entering into a mentor-protege agreement, unless such joint venture was approved by the Small Business Administration prior to making any offer on a contract;
(F)
the mentor firm is, directly or indirectly, the primary party providing contracts to the protege firm, as measured by the dollar value of the contracts; and
(G)
the Small Business Administration has made a determination of affiliation or control under subsection (h).