[Congressional Record Volume 141, Number 130 (Saturday, August 5, 1995)]
[Senate]
[Pages S11602-S11603]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


    BASE CLOSURE COMMUNITY REDEVELOPMENT AND HOMELESS ASSISTANCE ACT

  Mr. LAUTENBERG. Mr. President, the 1994 Base Closure Community 
Redevelopment and Homeless Assistance Act Public Law 103-421, signed 
into law October 25, 1994, applied not only to bases that would 
thereafter be designated for closure, but also to bases previously 
designated under the 1990 and 1988 Base Closure Acts, so long as the 
recognized redevelopment authority for the base elected within 60 days 
after enactment to proceed under the 1994 Act. The 1994 Act then set 
out a schedule for preparation, review, and approval of redevelopment 
plans and the ultimate disposal of property by the Government pursuant 
to such plans. This process will unavoidably extend beyond the end of 
the current fiscal year. Indeed, regulations to guide 

[[Page S11603]]
the implementing agencies and local redevelopment authorities under the 
1994 Act will be published on Monday, August 7, 1995.
  In order to fulfill the intent and purpose of the 1994 Act, the 
Department of Defense must retain authority to dispose of bases closed 
in the 1988 and 1990 Acts, beyond the end of the current fiscal year. 
Unfortunately, the General Services Administration's original 
delegation of its authority to dispose of surplus property to the DOD 
was by its own terms set to expire October 1, 1995. Particularly in 
light of later amendments to the base closure laws which clarified that 
DOD's disposal authority was to extend beyond that date, GSA should 
renew--indeed, it is required--to extend its delegation of authority.
  This matter is of great interest to the local redevelopment authority 
in East Hanover Township, NJ, which is working within the 1994 Act to 
prepare a redevelopment plan for a small base closed under the 1988 
Act. I understand that there are one or more bases around the country 
similarly situated.
  I had intended to offer an amendment to make it absolutely clear that 
DOD's disposal authority continues beyond the current fiscal year, and 
mandate the appropriate delegation of authority by GSA. However, I have 
received assurances from the GSA that it fully intends to extend its 
delegation of authority. I have also received a copy of a memorandum 
from DOD's general counsel's office expressing its view that DOD 
retains its disposal authority. In reliance on these statements, I will 
withhold my amendment.
  However, I would like to seek the commitment from the chairman and 
ranking member that they will seek an appropriate legislative solution 
in conference, should it appear before conference is completed that, 
for some reason, the delegation will not be renewed by the agencies.
  Mr. THURMOND. It is certainly the intent of the committee that the 
DOD shall continue to exercise authority beyond October 1, 1995, to 
dispose of 1988 bases whose redevelopment authorities elected to 
proceed under the 1994 Act. The appropriate agencies are apparently on 
track to make sure that the authority is in place. However, if there is 
a snag, I assure my colleague from New Jersey that we will be prepared 
to correct the matter in conference. In the meantime, I appreciate my 
colleague's withholding his amendment at this time.
  Mr. NUNN. I concur with the chairman and join in his commitment.
  Mr. LAUTENBERG. I thank my distinguished colleagues. I ask unanimous 
consent that the full text of a letter to me from the General Services 
Administration be placed in the Record, along with a memorandum from 
the general counsel's office of DOD.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                              General Services    
                                                   Administration,


                                     Public Buildings Service,

                                   Washington, DC, August 3, 1995.
     Hon. Frank Lautenberg,
     U.S. Senate,
     Washington, DC.
       Dear Senator Lautenberg: As discussed with Mr. Mitch Warren 
     of your staff and Ms. Marcia Herzog of the General Service 
     Administration (GAS's) Office of Congressional and 
     Intergovernmental Affairs, I am responding to your concerns 
     with respect to GSA's extension of disposal authority to the 
     Department of Defense (DOD) pursuant the Defense 
     Authorization Amendments and Base Closure and Realignment Act 
     (Public Law 100-526) of October 24, 1988. The delegation, 
     under its own terms, will expire on October 1, 1995.
       Last week this Office received from DOD the Fiscal Year 
     1994 Annual Report, required by the current delegation, 
     detailing DOD's exercise of the Administrator of General 
     Services' disposal authority under the Federal Property and 
     Administrative Services Act of 1949, as amended. As discussed 
     with Mr. Warren on July 25, 1995, receipt of this report was 
     requisite to our extension of the delegation.
       We are in the process of reviewing DOD's report. Upon 
     completion of our review, we intend to transmit an extension 
     to DOD no later than August 31, 1995.
       I hope this information is responsive to your concerns.
           Sincerely,

                                                 David L. Bibb

                                        (For Kenneth R. Kimbrough,
     Commissioner).
                                                                    ____

                                            Department of Defense,


                                    Office of General Council,

                                   Washington, DC, August 2, 1995.

  Memorandum for the Special Assistant to the Assistant Secretary of 
                     Defense for Economic Security

     Subject: Status of the Delegation of GSA's Authority Under 
         the Federal Property and Administrative Services Act of 
         1949 with respect to Installations Closed or Realigned 
         Pursuant to the Base Closure and Realignment Act of 1900
       The 1988 BRAC Act directed the Administrator of GSA to 
     delegate him authority under Federal Property and 
     Administrative Services Act of 1949 with respect to property 
     at installations closed or realigned pursuant to the 1988 
     BRAC Act to the Secretary of Defense. 1988 BRAC Act at 
     Section 204(b). The Administrator's delegation to the 
     Secretary of Defense pursuant to this provision was issued 
     with an expiration date of September 30, 1995.
       Under the 1988 BRAC Act, the authority of the Secretary to 
     carry out any closure or realignment ``shall terminate on 
     October 1, 1995,'' except that the termination of authority 
     ``shall not apply to the authority of the Secretary to carry 
     out . . . disposal of property of [1 military installations 
     closed or realigned under this title.'' BRAC Act at Section 
     202(c). Because the 1980 BRAC Act as originally enacted did 
     not contain any exemption from the general termination of 
     authority, the limited term delegation of authority by GSA 
     was entirely appropriate. However, as the 1988 BRAC Act is 
     currently written (as the result of amendment over the 
     years), there is no question that the Administrator of GSA is 
     obligated to delegate his authority to the Secretary of 
     Defense with respect to BRAC 1988 installations. This legal 
     conclusion has been agreed to by all parties within the 
     Department of Defense who have examined the issue, including 
     the Department of the Army, and it has been agreed to by Rich 
     Butterworth, the lawyer for GSA who is responsible for all 
     BRAC-related issues.
       The Department of the Army has been acting as DoD's 
     executive agent for purposes of securing an extension to the 
     GSA delegation. It has shared a draft request for an 
     extension with GSA, and the only issue that arose as a result 
     was the fact that DoD had failed to submit a report on the 
     disposition of properties pursuant to the delegated authority 
     to GSA, GSA told the Army that it would not extend the 
     delegation until DoD submitted the required report, but it 
     also told the Army that there were no other impediments, 
     legal or otherwise, that would therefore with the issuance of 
     a new delegation.
       In response to inquiries about the tardy report, work on 
     the report was promptly completed, and the report was 
     submitted from DoD to GSA more than two weeks ago. I have 
     been informed by GSA that there are no remaining barriers to 
     the issuance of an extended delegation.
       The formal request for a new delegation, however, has not 
     yet been submitted by DoD. The request is being staffed by 
     the Department of the Army, and the Army anticipates that it 
     will clear its review process shortly after the end of this 
     week, I have requested the Army to forward the request to 
     your offices, to the attention of Robert Hertfeld, for prompt 
     proceeding.

                                             Robert S. Taylor,

                                           Deputy General Counsel,
                                    Environment and Installations.
     

                          ____________________