[Congressional Record Volume 140, Number 144 (Thursday, October 6, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 6, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  BASE CLOSURE COMMUNITY REDEVELOPMENT AND HOMELESS ASSISTANCE ACT OF 
                                  1994

  Mr. FORD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 2534, the Base Closure 
Community Redevelopment and Homeless Assistance Act of 1994, introduced 
earlier today by Senator Michell and Senator Dole; that the bill be 
deemed read the third time, passed, the motion to reconsider be laid 
upon the table; that any statements relating to this measure be 
inserted in the Record at the appropriate place as if read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (S. 2534) was deemed read the third time, and passed.
  (The text of the bill will be printed in a future edition of the 
Record.)
  Mr. PRYOR. Mr. President, I rise today to offer my full support for 
the unanimous consent agreement being offered by the majority and 
minority leaders on the behalf of Senator Feinstein and myself.
  Three years ago, my good friend and distinguished colleague, the 
Senate Majority Leader George Mitchell asked me to serve as chairman of 
a special task force assigned to devise a strategy for easing the 
impact of reducing the size of our military and our defense budget.
  Among the many post-cold war transition problems our task force has 
discovered is the unnecessary and costly burden the Stewart B. McKinney 
Homeless Assistance Act is placing on communities nationwide that are 
working around the clock to redevelop former military installations.
  Mr. President, like many of my Senate colleagues, I have lost a base 
in my State. Eaker Air force Base in Mississippi County, AR closed its 
doors in 1992, resulting in the loss of 3,000 jobs in a community of 
just over 20,000 residents. As my Senate colleagues who also have lost 
a base in their State know, the local economic development planning 
efforts that follow the painful base closure announcements are truly 
massive and comprehensive, consuming millions of State and Federal 
dollars. These enormous planning efforts are focused on the community's 
new mission of securing their economic future following the departure 
of the military.
  Unfortunately, local communities that are working diligently to bring 
new businesses to town are repeatedly finding their efforts disrupted 
by the so-called McKinney Act legislation. Mr. President, the McKinney 
Act was passed by Congress in 1987 to provide needed relief to the 
growing epidemic of hopelessness in America. This relief was provided 
by giving legitimate homeless assistance groups a priority in obtaining 
excess and surplus Federal property to be used for housing the 
homeless.

  However, the McKinney Act was passed without taking into account that 
the cold war would soon come to an end and the U.S. military would 
close numerous major military installations. The McKinney Act also did 
not take into account the massive economic development planning efforts 
of communities that lose military bases. But indeed bases are closing 
and these planning efforts are ongoing and essential to the economic 
recovery of base closure communities.
  Unfortunately, serious problems are currently arising in communities 
nationwide when homeless assistance groups exercise the legal authority 
provided by the McKinney Act to acquire former base property. These 
transactions to homeless assistance groups are allowed by law even 
though they often undermine the Government-funded economic development 
efforts of local communities. In extreme cases, homeless assistance 
groups are using the McKinney Act to acquire entire former military 
bases.
  These problems, coupled with an often unaccommodating approach to 
homeless problems by certain local redevelopment authorities, has 
contributed to the creation of an intensely adversarial relationship in 
base closure communities that is truly detrimental to the interests of 
both parties.
  Mr. President, I feel that this is an unintended consequence of the 
McKinney Act. As a result, our bill will exempt military bases from the 
McKinney Act. Last year, in legislation commonly known as the Pryor 
amendment, we attempted to solve these problems without exempting bases 
from the McKinney Act. Unfortunately, our efforts provided limited 
solutions.
  So now we have taken the next step and exempted military 
installations from the McKinney Act. We also established a new process 
for transferring former base property to homeless assistance groups 
that will protect the interests of the homeless and economic 
development. This new process emphasizes the importance of weighing 
economic development plans with the local needs of the homeless, in an 
attempt to balance these often competing interests.
  This delicate balance will be achieved through good faith 
negotiations between local redevelopment authorities and legitimate 
homeless assistance groups. Since these negotiations will take place 
while communities are planning for the reuse of a closed base, local 
homeless needs can be addressed in a way that is in the best interest 
of the community as a whole.
  Mr. President, the authors of this bill are not suggesting that the 
needs of the homeless in America are not a high priority. Rather, we 
feel that the special needs of the homeless can be addressed in a way 
that is less disruptive to the job creation efforts of those who 
ultimately desire to bring prosperity and salvation to individuals and 
communities that desperately need an economic boost. In addition, this 
bill will encourage those charged with redeveloping closed military 
bases to carry on their mission in a way that is more sensitive to 
local homeless needs.

  Mr. President, there is also a true sense of urgency associated with 
the passage of this bill. I need not remind my colleagues that the 
Department of Defense and the Base Closure Commission are currently 
preparing for ``the mother of all base closings''. Next year the 
commission will recommend the closure of more bases than were closed in 
the 1988, 1991, and 1993 rounds combined. In these first three rounds, 
some 72 major military installations were closed. We can expect an 
equal or greater number of base closures from the commission next year, 
and we must prepare for this massive disruption to our cities and to 
our economy.
  I look forward to the Senate's passage of this measure, and I urge 
the House of Representatives to quickly pass this bill before the 103d 
Congress adjourns.
  Mr. President, I am proud to say that our legislation has been 
endorsed by the National Association of Installation Developers [NAID], 
which represents base closure communities across our country. Also, 
this bill was drafted in consultation with the National Law Center on 
Homelessness and Poverty, which represents homeless assistance groups 
in America.
  Mr. President, our bill is a bipartisan bill that will help 
communities that are redirecting their resources following the end of 
the cold war and the closing of obsolete military bases.
  I would like to thank the many people who contributed to the creation 
and passage of this important bill. First, I would like to recognize 
Senator Dianne Feinstein from California who was the original drafter 
of this legislation in the Senate. Senator Feinstein has shown time and 
time again that she is truly sensitive to the many people and 
communities in California that have been hard hit by the end of the 
cold war.
  I also would like to thank my good friend, the distinguished chairman 
of the Senate Armed Services Committee, Senator Nunn and the ranking 
member, Senator Thurmond, for their support. Also, special thanks to 
Senators Glenn and Roth and their staffs from the Senate Governmental 
Affairs Committee. The Housing Subcommittee of the Banking Committee 
also provided tremendous assistance in the drafting of this bill and I 
thank the chairman and ranking member as well as their staff for this 
assistance.
  Special recognition is also due to the Clinton administration, which 
worked with the Congress in admirable fashion to craft this important 
legislation. Officials from HUD, HHS, the President's Interagency 
Council on Homelessness, the National Economic Council, and Department 
of Defense contributed to this process. Specifically, I would like to 
thank David Lane from the National Economic Council, Marcia Martin from 
the Interagency Council on Homelessness, Jackie Lawing from HUD, and 
Joshua Gotbaum from DOD, as well as Mark Wagner and Rob Hertzfeld from 
Mr. Gotbaum's staff.
  I also feel compelled to point out the tremendous staff work of 
Robert Mestman from Senator Feinstein's office and Madelyn Creedon from 
Senator Nunn's office. Their efforts are greatly appreciated. Also, 
Charlie Armstrong from Senate Legislative Counsel was tireless in his 
work in bringing this bill to fruition.
  From the National Law Center on Homelessness and Poverty, I commend 
Laurel Weir for her approach to this difficult process and for working 
with us in an attempt to balance the needs of the homeless with 
economic development. From the National Association of Installation 
Developers, George Schlossberg's assistance was welcomed and helpful. 
Also, former Congressman Bill Lowery was very instrumental in the 
passage of this bill.
  Finally, I would like to take this opportunity to thank my good 
friend and colleague, Senate Majority Leader George Mitchell for 
providing me with the opportunity to chair the Senate Task Force on 
Defense Reinvestment. I must say that I did not seek this position when 
Senator Mitchell bestowed it upon me in 1992, but I have enjoyed the 
opportunity to serve the majority leader and the Senate in this 
capacity, and I thank him.
  Mr. President, I yield the floor.
  Mrs. FEINSTEIN. Mr. President, I rise today in strong support of the 
Base Closure Community Redevelopment and Homeless Assistance Act of 
1994--legislation designed to improve the military base closure and 
reuse process by empowering local communities. In particular, this 
legislation places base reuse decisions in the hands of local officials 
and balances economic redevelopment interests with the needs of the 
homeless in a commonsense manner.
  As many of my colleagues know, since 1988, nearly 250 military bases 
have been closed or realigned under the BRAC process. While painful for 
States and regions, base closures can be devastating for local 
communities. A closing military base not only means job loss, but also 
translates into reduced local tax revenues, higher housing vacancy 
rates, and increased business failures.
  Base closures, though, also create economic opportunities for 
localities that can expedite reuse through effective redevelopment. 
But, conversion of military bases has proven to be anything but quick 
or simple. Communities across the country have struggled to make sense 
of complex Federal laws and regulations that were never designed to 
deal with military base closures. The current process is cumbersome and 
conflicting, and poses difficulties for local, State and Federal 
authorities trying to make decisions and dispose of base property in a 
timely manner. Increasingly, opportunities for job creation and 
economic redevelopment are lost.
  In order to respond to this problem, President Clinton development a 
five-part base community reinvestment program early last year. The 
Pryor amendment to the fiscal year 1994 Defense Authorization Act 
followed--it was designed to basically implement the President's 
program for accelerating the base reuse process and make it easier for 
communities with closing military bases to transition to a commercial 
economy. Under the Pryor amendment, local communities are empowered in 
the reuse process with the goal to reduce the time it takes to turn 
closing base property over to communities and foster job creation and 
economic development.
  The President's five-part program and the Pryor amendment are 
certainly steps in the right direction, and I strongly support both. 
However, because the base reuse problem is so difficult, the 
President's program and the Pryor amendment have only partially 
improved the process; obstacles to rapid base reuse remain. Additional 
action is needed to further improve the process and remove or mitigate 
some of the remaining obstacles to rapid base reuse.
  This legislation--which is similar to section 2 of a bill I recently 
introduced, S. 2491--builds on last year's Pryor amendment to further 
improve the base reuse process. A local redevelopment authority would 
develop a reuse plan on the local level, balancing the needs of all 
community and economic development interests.
  Under current law, potential homeless assistance providers apply for 
base property under the McKinney Homeless Assistance Act; the 
Department of Health and Human Services then denies or approves each 
request. The McKinney Act--which was enacted before the BRAC process 
began--has worked relatively well for small parcels of excess Federal 
property, but was never intended for large military bases.
  This bill exempts military bases from the McKinney Act; instead, 
homeless assistance providers and other community groups would be given 
a voice in the new reuse planning process. A local redevelopment plan, 
developed in consultation with homeless assistance planning boards, 
would weigh the needs of economic redevelopment and job creation with 
homeless assistance. The Secretary of Housing and Urban Development 
would review the local redevelopment plan to ensure that it reasonably 
addresses the needs of the homeless, but economic redevelopment 
priorities would also be considered in a process that balances 
competing interests.
  The House of Representatives recently passed a similar provision as 
an amendment to the Housing Reauthorization Act, H.R. 3838. The 
legislation before use today builds on the House passed amendment, and 
it is my hope that the House will recede to the Senate provision, and 
that this bill can be passed and signed into law shortly.
  My staff has worked very closely, on a bipartisan basis, with several 
parties, including Senators Pryor, Robb, Simon, Graham, Boxer, the 
majority and minority leaders, as well as with Governor Wilson's 
office, the National Law Center on Homelessness and Proverty, and other 
interested parties in developing and drafting the Base Closure 
Community Redevelopment and Homeless Assistance Act of 1994. Crucial 
input was also provided from many of my colleagues in the House of 
Representatives, including Congresswoman Jane Harman. In addition, this 
bill was drafted in consultation with an administration interagency 
working group consisting of representatives from DOD, HUD, HHS, GSA, 
and the Council on the Homeless, as well as staff from the Armed 
Services, Banking and Housing, and Governmental Affairs Committees in 
both the House and Senate, and on both sides of the aisle.
  Another base closure round is fast approaching that could be larger 
than the first three BRAC rounds combined; it will affect communities 
across the country. This timely legislation will improve the reuse 
process for those bases already slated for closure, as well as for 
bases yet to close. It will also help accomplish a very important 
objective--the acceleration of the economic redevelopment process for 
communities suffering from the closure or realignment of military 
bases. This is important legislation that is badly needed in base 
closure communities throughout the country. I urge all of my colleagues 
to support the Base Closure Community Redevelopment and Homeless 
Assistance Act of 1994.
  I ask unanimous consent that some examples of letters in support of 
this legislation be printed in the Record at this time. In addition, I 
ask unanimous consent that a summary and concept paper of this 
legislation be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    City Hall,

                                 Los Angeles, CA, August 23, 1994.
     Hon. Dianne Feinstein,
     U.S. Senate,
     Washington, DC.
       Dear Senator Feinstein: We are writing to enlist your 
     active support for an amendment to Title V of the Stewart B. 
     McKinney Homeless Assistance Act of 1987, that will be 
     offered during floor consideration of S. 2049, the housing 
     and community development reauthorization bill. This 
     amendment is extremely critical to the implementation of the 
     Alameda Corridor Transportation project which is in jeopardy 
     as a result of Title V. Title V mandates that homeless 
     organizations be given priority in the acquisition of surplus 
     military property to the exclusion of local government 
     redevelopment projects.
       Site 6A, a tract of land which is pivotal to the Alameda 
     Corridor, is part of the Long Beach Naval Station complex 
     which was closed on June 30, 1994. Pursuant to Title V, the 
     federal Department of Health and Human Services is 
     responsible for approving applications from homeless 
     organizations interested in operating programs on Site 6A. 
     However, without Site 6A the Alameda Corridor project will be 
     irreparably harmed.
       For this reason, we request that you join efforts underway 
     in the Senate to craft a floor amendment to Title V that 
     would expand the action already taken by the House and give 
     local governments the authority to use available surplus 
     military property for economic development projects that are 
     deemed to have a significant economic impact. As you well 
     know, the Alameda Corridor is one such project and includes 
     significant job creation potential for both he Los Angeles 
     region and the nation.
       The success of this amendment is critical to the future of 
     the Alameda Corridor project and similar economic development 
     projects around the country. Thank you for your assistance in 
     this extremely critical matter.
           Sincerely,
     RICHARD J. RIORDAN,
                                                            Mayor.
     JOHN FERRARO,
                              President, Los Angeles City Counsel.
                                  ____

                                           National Association of


                                      Installation Developers,

                                  Alexandria, VA, October 5, 1994.
     Hon. George J. Mitchell,
     Senate Majority Leader, U.S. Senate, Washington, DC
       Dear Mr. Leader. As President of the National Association 
     of Installation Developers, I am writing to urge you to use 
     your office to ensure passage of legislation to reform the 
     Steward B. McKinney Homeless Assistance Act as it pertains to 
     closing military bases.
       In July, the House of Representatives passed H.R. 3838, the 
     Housing Reauthorization Act. This bill included an amendment 
     to reform the Steward B. McKinney Homeless Assistance Act as 
     it pertains to closing military bases. The effect of this 
     amendment would be to restore control over the reuse of these 
     bases to the local community while maintaining a requirement 
     that homeless assistance be included in a final reuse plan. 
     By including provisions for coordination between local reuse 
     authorities and homeless providers, the legislation insures 
     that homeless assistance will receive consideration alongside 
     economic reuse, and that a comprehensive reuse plan serving 
     all community interests is developed. This amendment builds 
     upon the reforms Congress enacted as part of the Pryor 
     Amendments included in the Fiscal Year 1995 Defense 
     Authorization Act.
       NAID was an active participant in the development of this 
     legislation, working on behalf of our member communities, and 
     in coordination with bipartisan House and Senate members, 
     committee staff, representatives of national homeless groups, 
     and an interagency Task Force on the Homeless. As a result, 
     this amendment balances the interests of all parties and 
     enjoys broad, bipartisan support.
       It is clear now, however, that H.R. 3838 will not be 
     considered by the Senate in this Congress. Instead, Senators 
     Pryor and Feinstein have developed legislation to accomplish 
     the reforms included in the House-passed amendment. This 
     legislation now represents the best opportunity for this 
     Congress to remove obstacles to base reuse and ensure 
     communities have the ability to put sensible, community-based 
     economic redevelopment plans in place.
       The timing for this reform is critical, as many of the 
     communities impacted by base closures as a result of the 1993 
     round will soon begin the process of property screening and 
     reuse planning. Without enactment of this legislation, these 
     communities, and others in the future, will continue to face 
     uncertain property disposals and months of potential delays 
     and disputes.
       Reform of the McKinney Act remains a top legislative 
     concern for NAID. I appreciate your consideration of this 
     important issue, and hope the Congress will see clear to 
     final enactment of this legislation before adjournment.
           Sincerely,
                                                      Ann Summers,
                                                        President.
                                  ____

         National Law Center on Homelessness & Poverty
                                  Washington, DC, October 6, 1994.
     Hon. George J. Mitchell,
     Senate Majority Leader,
     Washington, DC.
       Dear Senator Mitchell: I am writing concerning the Base 
     Closure Community Redevelopment and Homeless Assistance Act 
     of 1994 which I understand will be offered as a bipartisan 
     Senate Leadership initiative.
       We believe that the needs of homeless persons can be best 
     met if there is close cooperation between local communities 
     and homeless assistance organizations. We hope that this 
     legislation which is premised on such cooperation will 
     improve the working relationships at the local level and will 
     enable base closings to move forward more efficiently and to 
     meet equitably the needs of homeless persons and of the 
     community generally.
       During the development of this legislation, we have worked 
     closely with a number of Senate offices, the relevant 
     Committees, and representatives of the State of California to 
     suggest improvements and are appreciative of their 
     willingness to listen and respond to those suggestions. We 
     were particularly concerned about the plight of homeless 
     providers who have met all of the requirements of current 
     law, who have filed applications for specified properties, 
     who have had those applications approved and are simply 
     awaiting transfer of those properties. We would want nothing 
     enacted which would push aside those providers with approved 
     applications and leave the identified needs of homeless 
     persons unmet. We believe the final product will guarantee 
     that those needs will be met either by the approved 
     properties, substantially equivalent properties, by funding 
     to secure substantially equivalent properties or by the 
     provision of additional services to homeless providers 
     sufficient to meet the identified needs.
       I appreciate the cooperation of your offices in helping 
     address our concerns.
           Sincerely,
                                                 Maria Foscarinis,
                                               Executive Director.
                                  ____

                                                     Merced County


                                         Board of Supervisors,

                                        Merced, CA, July 27, 1994.
     Senator Diane Feinstein,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Feinstein: We are aware that the House has 
     taken action to alter the Stewart B. McKinney Homeless 
     Assistance Act to deal with the special problems raised by 
     the Base Closure process.
       It is our understanding that the House action only 
     considers 1993 round and later closures. In fact, several 
     bases from the 1991 closure list have not received their 
     Record of Decision and should be included in any overall 
     language approved by the Senate and Conference.
       Military base options are a challenge and difficult to 
     create with directly competing requirements imposed by 
     McKinney. They are particularly difficult in depressed, rural 
     areas desperate for viable, economic/job creating 
     opportunities. Actions, under the law, by Washington, D.C. 
     agencies that do not examine an entire base reuse plan can 
     create untenable situations which, in fact, drive away 
     potential reusers.
       We strongly urge your support for changes to the McKinney 
     Act which provide for 1991 base closure installations and the 
     application of sensible, good business approaches to the 
     overall reuse of each individually affected base.
           Sincerely,

                                     Jerry O'Banion, Chairman,

                                Merced County Board of Suprvisors,
                                                       District 5.
                                  ____

                                              Sacramento Housing &


                                         Redevelopment Agency,

                                   Sacramento, CA, August 11, 1994
     Hon. Diane Feinstein,
     U.S. Senate,
     Washington, DC.
       Dear Senator Feinstein: The Sacramento Housing and 
     Redevelopment Agency urges you to support proposed amendments 
     to the 1994 Housing and Community development Act which would 
     revise the McKinney Act to provide local reuse authorities a 
     larger role in planning homeless assistance components at 
     closing military bases. The current McKinney Act screening 
     process which provides for multiple screenings makes it 
     difficult for local reuse authorities to plan for and 
     implement redevelopment activities.
       The Sacramento Housing and Redevelopment Agency is involved 
     in the reuse planning and implementation for Mather Air Force 
     Base (announced for closure in 1988) and the Sacramento Army 
     Depot (announced for closure in 1991). The Sacramento Housing 
     and Redevelopment Agency's successful McKinney Act 
     application at Mather Air Force Base has been hailed as a 
     model for the nation. In October 1993, the U.S. Department of 
     Housing and Urban Development (HUD) awarded the Agency $12.84 
     million to develop and administer a transitional housing and 
     employment skills development program (the largest single 
     grant ever made by HUD under the Stewart B. McKinney 
     Supportive Housing Program). Despite this program, properties 
     at Mather Air Force Base continue to be screened.
       The Sacramento Housing and Redevelopment Agency requests 
     that the 1994 Housing and Community Development Act be 
     amended to exempt property screened after January 1, 1994 and 
     for which the U.S. Department of Health and Human Services 
     has not yet approved a homeless application be exempt from 
     the normal McKinney process and instead be subject to a new 
     community homeless plan component. If HUD does not approve 
     the homeless component, base property would then be subject 
     to the standard quarterly McKinney screening process. It is 
     imperative that such provisions apply to 1988 and 1991 base 
     closures and that communities with existing homeless 
     components be exempt from planning for additional homeless 
     assistance programs and further screening.
       I thank you for your consideration of this matter. If you 
     have any questions or would like more information, please 
     call me at (916) 440-1333.
           Sincerely,
                                                   John E. Molloy,
                                               Executive Director.

  Base Closure Community Redevelopment and Homeless Assistance Act of 
                                  1994


 Use of Closing Military Bases for Economic Redevelopment and Homeless 
                               Assistance

     (Developed in consultation with Congressional staff and an 
     interagency working group consisting of representatives from 
     DOD, HUD, HHS, GSA and the Interagency Council on the 
     Homeless)
       1. Base Closure and Realignment property shall be exempted 
     from the current provisions of Title V of the McKinney 
     Homeless Assistance Act. Instead, homeless assistance 
     providers, homeless persons and their representatives will 
     have a voice in the reuse planning process for closing 
     military installations. The Local Redevelopment Authority 
     (LRA) will be used to request property on a portion of the 
     base or to request other assistance related to the 
     development of the base. Accordingly, homeless assistance 
     providers will no longer be able to make requests directly to 
     the Federal government for all or part of an entire 
     installation. The redevelopment plan developed by the LRA 
     will be required to be based on local needs as well as 
     balance all community and economic development interests, 
     including those of the homeless.
       2. DoD and Federal agencies will screen available 
     properties and participate in the local planning process by 
     submitting an expression of interest and a statement of need 
     to DoD, with a copy to the LRA. (Federal agencies may obtain 
     property either directly from DoD or through the LRA under 
     economic development conveyances.)
       3. Following the DoD/Federal agency screening, DoD shall 
     publish in the Federal Register information about excess and 
     surplus property on a base. State, local and other interested 
     parties are encouraged to express their needs to the LRA as 
     soon as practical after approval of closure. DoD shall also 
     publish the name of the LRA and LRA contacts as soon as an 
     LRA is established. The Interagency Council on the Homeless 
     will assist in disseminating this information to 
     organizations serving the homeless. The LRA will be 
     responsible for publicizing its planning and public input 
     process in local publications.
       State and local interests, including community-based 
     homeless-related interests, and all other parties shall 
     express their interest and statement of need for base 
     property to the LRA. A submission from a homeless assistance 
     provider to the LRA shall include a statement describing: (1) 
     its proposed homeless assistance program; (2) the need for 
     the program; (3) the linkages of the proposed program to 
     other programs available in the community; (4) the specific 
     properties, facilities or other resources needed to carry out 
     the proposed program; and (6) the amount of time necessary 
     for the proposed program to become operational.
       4. All statements of interest from state and local 
     interests, homeless assistance providers and other parties 
     shall be submitted to the LRA within a time frame set by the 
     LRA and made public (but not less than three months and not 
     later than six months after completion of DoD/Federal 
     screening). [For those bases already slated for closure that 
     have already completed the screening process, the time frame 
     shall be not less than one month and not later than six 
     months.] This process of submitting non-DoD/Federal 
     statements of interests is intended as a substitute for the 
     state and local screening under GSA regulations.
       5. The local Homeless Assistance Planning Board (HAPB) 
     established under (proposed) Section 411(b) of Title IV of 
     the McKinney Act (as provided for in Section 811 of H.R. 
     3838) (if one exists) is expected to take the lead in 
     coordinating and reviewing requests from homeless providers 
     and making recommendations to the LRA on those request. If no 
     HAPB exists, a committee with representatives from the local 
     government and broad representation from locally based 
     government and non-government homeless providers may be 
     established to coordinate these efforts.
       6. The LRA will have not more than 9 months from completion 
     of the screening period to complete and submit a 
     redevelopment plan [note: this is not more than 21 months 
     from approval of closure]. DoD may negotiate and enter into 
     interim leases for use of available properties (consistent 
     with the redevelopment plan) prior to permanent transfer or 
     disposal.
       7. The LRA will submit a redevelopment plan and application 
     for certification to DoD and HUD. (The plan discussed in this 
     proposal is the ``redevelopment plan'' defined in Title 29 of 
     the Defense Authorization Act of 1994.)
       The LRA's application shall be appropriately documented and 
     include:
       (a) A copy of the redevelopment plan.
       (b) Copies of all expressions of interest from homeless 
     assistance providers and a discussion of how these and all 
     other requests for property, including those from Federal 
     agencies, state and local interests, etc., are being 
     addressed;
       (c) A summary of the LRA's outreach to homeless providers 
     and publicity efforts, as well as a summary of any public 
     comments.
       (d) A summary of the LRA's consultations with other 
     organizations in developing the plan (including consultations 
     with local Homeless Assistance Planning Boards and homeless 
     providers who have expressed interest);
       (e) A statement from the LRA of how the plan balances the 
     expressed needs of the homeless (either on -or off-base) and 
     other community and economic development needs; and,
       (f) Copies of proposed legally binding and enforceable 
     agreement(s) that the LRA has entered into to fulfill its 
     commitment(s) to homeless assistance providers. The 
     agreement(s) must set forth the LRA's policies and procedures 
     for determining the future use of properties, transfersfor 
     homeless assistance resources provided in accordance with the 
     plan, in the event that local needs or circumstances change. 
     In this case, any property which has been transferred for 
     homeless assistance use shall revert to the LRA or its 
     authorized local designee for a use consistent with its 
     legally binding agreement with the homeless provider, and not 
     revert to DoD.
       The redevelopment plan shall be site-specific to the extent 
     practicable. (The LRA may submit a more specific plan at a 
     later date if the plan involves a base which is scheduled for 
     closure more than 24 months following DoD's Federal Register 
     announcement). DoD may begin to review the LRA's 
     redevelopment plan and incorporate it into the environmental 
     analysis required for NEPA.
       8. HUD will review the entire submission to certify that 
     the plan adequately addresses the needs of the homeless and 
     that it balances those needs with the need for community and 
     economic development. The reuse plan must:
       (a) include commitments to enter into legally binding 
     agreements to provide assistance to the homeless within the 
     community, and copies of such agreements;
       (b) balance the need for providing property and assistance 
     to the homeless with the overall reuse plan for the military 
     installation;
       (c) have been developed in consultation with local 
     representatives of the homeless, including representatives of 
     applicable local homeless assistance planning boards and 
     representatives of local nongovernmental homeless providers;
       (d) specify the manner in which property or assistance will 
     be made available for homeless assistance.
       In making the determination, HUD will consider the 
     population of the homeless in the community involved, the 
     extent of current services to assist the homeless within the 
     community, the extent of the commitment of resources by local 
     governments in the community to assist the homeless, the need 
     for additional services to assist the homeless within the 
     community, and the suitability of the property for serving 
     the needs of the homeless.
       Formal adoption of the redevelopment plan must be made in a 
     public forum and in accordance with applicable state and 
     local laws. In addition, the redevelopment plan submitted 
     should include a summary of comments from community groups 
     and other interested parties as expressed during a public 
     comment period.
       9. HUD will have 60 days to complete its review of the 
     plan, certify that the plan either does or does not 
     reasonably address the needs of the homeless (either on- or 
     off-base) and balance those needs with the need for community 
     and economic development, and notify the redevelopment 
     authority. During this period, HUD may work with the LRA to 
     identify inadequacies and may negotiate changes to the plan. 
     DoD will not convey any properties to the LRA unless and 
     until HUD certifies that the LRA's submission is acceptable.
       (a) If HUD certifies that the plan balances homeless 
     assistance needs with community and economic needs, HUD will 
     notify DoD and the LRA. DoD will then work with the LRA to 
     fulfill the approved commitments for homeless use.
       (b) If HUD determines that the plan fails to reasonably 
     address the needs of the homeless and balance the need for 
     community and economic development, then HUD will state the 
     specific reasons for its conclusions and specify actions 
     needed to make the plan acceptable. HUD's report will be sent 
     both to DoD and the LRA.
       10. If the redevelopment plan is not approved by HUD, the 
     LRA will have 90 days following the receipt of HUD's report 
     to submit a revised plan to HUD and DoD that addresses HUD's 
     concerns. HUD will review the revised plan and either certify 
     that it is either acceptable or unacceptable within 30 days 
     of receipt. If HUD certifies that the revised plan is 
     unacceptable, HUD will, within 90 days, administer the 
     following process:
       (a) HUD will review the original expressions of interest 
     from homeless assistance providers for property on the base 
     there were included in the LRA's submission (see paragraph 
     7(b) above).
       (b) HUD will consult with these providers to determine if 
     they are still interested in property on the base for 
     homeless assistance purposes and obtain additional 
     information necessary to prepare leases, deeds or other 
     conveyance documents.
       (c) HUD will request that these providers submit a detailed 
     proposal containing information related to its proposed 
     program which is similar to that currently submitted to HHS 
     as part of the current McKinney Title V process (e.g., 
     financial capacity, environmental issues, and compliance with 
     Federal non-discrimination laws). The applicant will also be 
     asked to certify and document the availability of appropriate 
     sewer, water, police and fire services.
       (d) HUD will review these proposals and make a 
     recommendation to DoD consistent with its previous report to 
     DoD and the LRA on the redevelopment plan. In making this 
     recommendation, HUD will address the suitability of the 
     identified properties for homeless use in consultation with 
     DoD and in accordance with the current HUD checklist for 
     McKinney properties.
       11. If HUD approves the redevelopment plan, DoD will, after 
     reviewing recommendations from the appropriate federal 
     agencies and in compliance with current law, ordinarily 
     convey properties to an LRA or to other entities approved for 
     public benefit uses under the Federal Property Act. DoD may, 
     when necessary, transfer properties directly to providers 
     identified by the LRA (or approved by HUD finds the LRA's 
     plan unacceptable) to meet the needs of the homeless.
       12. In those limited cases in which DoD conveys property 
     directly to homeless providers, HUD will work with DoD and 
     the providers in preparing the necessary deed.
       13. DoD, in consultation with the LRA and the Secretary of 
     HUD, may extend any of the time lines mentioned above if 
     doing so is in public interest.
       14. The new process identified above shall apply to any 
     installation approved for closure after the date of 
     enactment.
       15. In the case of property on an installation already 
     approved for closure, the LRA may, within 60 days of 
     enactment of this proposal, submit a request to DoD for 
     consideration under the new procedures instead of the current 
     McKinney Title V process.
       If a homeless assistance provider has a pending McKinney 
     Act application but not yet approved, that homeless 
     assistance provider shall be given preferential status by the 
     LRA when determining homeless needs in the redevelopment 
     plan. If a McKinney Act application has already been approved 
     by HHS but property has not yet been transferred, the LRA 
     must demonstrate in the redevelopment plan how it will 
     accommodate, at a minimum, the approved program(s) and 
     activities on or off the base in a substantially equivalent 
     manner.
       16. For the 60 calendar days immediately following 
     enactment of this proposal, HHS will suspend processing of 
     all expressions of interest and applications for base closure 
     properties under the current McKinney process which have been 
     published by HUD but not approved. At the end of this 60 day 
     period, HHS will resume processing applications in accordance 
     with applicable law and regulations.
       17. In the event a request is filed in connection with the 
     process described in paragraphs 13 or 14 above, HHS and HUD 
     will suspend the McKinney application process for the 
     applicable properties. DoD will notify HHS and HUD (who will 
     notify any affected homeless providers) that a LRA wishes to 
     proceed under this new section.
       18. The LRA will be responsible for monitoring the 
     implementation of the redevelopment plan.
  Mr. DOLE. Mr. President, I rise today to sponsor with the majority 
leader the ``base closure community redevelopment and homeless 
assistance act of 1994.''
  This legislation changes the process used to determine the use of 
military bases closed under the 1990 Defense Base Closure and 
Realignment Act.
  This needed change allows local communities to determine what the 
best use should be for the military bases. Communities would be able to 
balance economic needs with other critical issues like the needs of the 
homeless. To facilitate this the McKinney Act, established before the 
1990 Defense Base Closure and Realignment Act, would no longer give to 
homeless providers the first priority of all surplus property on closed 
military bases.
  This proposed legislation would provide that local communities would 
establish a local redevelopment authority to develop plans for the best 
use of the property. There is no question that we want to leave the 
door open to this improved, yet still cumbersome process, and consider 
improving upon it next year. Nevertheless this proposed legislation is 
a good first step.
  So far over 70 major bases have been closed and more than 30 have 
been realigned. Current law makes it difficult for these communities to 
reach the degree of economic redevelopment they want. However, this 
legislation will provide these communities with greater flexibility in 
implementing economic initiatives which will begin to meet the needs of 
all members of the community, including the homeless. By passing this 
legislation now, we will not only provide immediate relief to the 
already impacted communities, but we will improve the process for the 
upcoming round of base closures. As my colleagues know, BRAC III is 
suppose to equal the total, in replacement value, of the sum of BRAC I 
and II.
  Strong bi-partisan support and teamwork exist on this issue. 
Particular attention needs to be given to the leadership of our former 
colleague Senator Pete Wilson. In 1993 Governor Wilson created the 
California military base reuse task force and emphasized the need to 
identify the obstacles to effective base re-use and to make 
recommendations to overcome the barriers.
  The basis of the legislation currently before us was one of the 
primary recommendations of Governor Wilson's task force which 
identified the need of having local economic concerns and job creation 
considered along with homeless issues.
  The need for this legislation is significant. For example, Governor 
Wilson's task force reports that 22 installations in California will 
shut down and result in the loss of 200,000 jobs and about $7 billion 
of annual income. If legislation is not passed immediately those local 
communities will have increased difficulty under the McKinney Act in 
regenerating these losses because the homeless providers have the first 
priority on the military bases.
  Mr. President, I urge my colleagues to support this proposed 
legislation.

                          ____________________