[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Pages S4505-S4513]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 498. Mr. McCAIN (for himself and Mr. Reed) submitted an amendment
intended to be proposed by him to the bill H.R. 2810, to authorize
appropriations for fiscal year 2018 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
On page 786, between lines 3 and 4, insert the following:
Subtitle A--Authorization of Appropriations
On page 787, strike lines 1 through 6 and insert the
following:
Subtitle B--Defense Force and Infrastructure Review and Recommendations
SEC. 2711. SHORT TITLE; PURPOSE.
(a) Short Title.--This subtitle may be cited as the
``Defense Force and Infrastructure Review Act of 2017''.
(b) Purpose.--The purpose of this subtitle is to provide a
fair and transparent process that will result in the credible
analysis of infrastructure requirements and recommendations
for military infrastructure.
SEC. 2712. PROCEDURE FOR MAKING RECOMMENDATIONS FOR
INFRASTRUCTURE CLOSURES AND REALIGNMENTS.
(a) Force-structure Plan and Infrastructure Inventory.--(1)
As part of the budget justification documents submitted to
Congress in support of the budget for the Department of
Defense for fiscal year 2019, the Secretary shall submit to
Congress the following:
(A)(i) Subject to clause (ii), a force-structure plan for
the Armed Forces based on the most recent National Military
Strategy, an assessment by the Secretary of the probable
threats to the national security during the 20-year period
beginning with that fiscal year, 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 those
threats, and the anticipated levels of funding that will be
available for national defense purposes during such period.
(ii) The force structure described in the force-structure
plan under clause (i) shall contain, at a minimum, a Navy of
355 ships, an Air Force of 1500 combat coded aircraft, an
Army of 60 brigade combat teams, and a Marine Corps of three
Marine expeditionary forces, together with all enabling and
supporting elements.
(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) Using the most recent National Military Strategy and
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 within the United States and the
target of the Secretary for the reduction of such excess
capacity.
(C) An economic analysis of the effect of the closure or
realignment of military installations to reduce excess
infrastructure.
(3) 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) The Secretary may revise the force-structure plan and
infrastructure inventory prepared under paragraph (1). If the
Secretary makes such a revision, the Secretary shall submit
the revised plan or inventory to Congress not later than
September 15, 2018. For purposes of selecting military
installations for closure or realignment under this subtitle,
no revision of the force-structure plan or infrastructure
inventory is authorized after September 15, 2018.
(b) Certification of Need for Further Closures and
Realignments.--(1) 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
substantial annual net savings for the Department of Defense
following the completion of such closures and realignments.
(2) If the Secretary does not include the certifications
referred to in paragraph (1) as part of the submission of the
force-structure plan and infrastructure inventory prepared
under subsection (a), the President may not commence a round
for the selection of military installations for closure and
realignment under this subtitle in the year following
submission of the force-structure plan and infrastructure
inventory.
(c) Comptroller General Evaluation.--(1) If the
certification is provided under subsection (b), the
Comptroller General of the United States 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 subsection (d), 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) The Comptroller General shall submit to Congress the
evaluation prepared under paragraph (1) not later than 60
days after the date on which the force-structure plan and
infrastructure inventory are submitted to Congress.
(d) Final Selection Criteria.--(1) The final criteria to be
used by the Secretary in making recommendations for the
closure or realignment of military installations in the
United States under this subtitle shall be the military value
criteria specified in paragraph (2) and other criteria
specified in paragraph (3).
(2) The military value criteria specified in this paragraph
are as follows:
(A) 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.
(B) 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.
(C) The ability to accommodate contingency, mobilization,
surge, and future total
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force requirements at both existing and potential receiving
locations to support operations and training.
(D) The cost of operations and the manpower implications.
(E) The strategic impact of the location of an installation
on operational plans, contingency plans, and missions of the
combatant commands.
(3)(A) The other criteria that the Secretary shall use in
making recommendations for the closure or realignment of
military installations in the United States under this
subtitle are as follows:
(i) 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.
(ii) The economic impact on existing communities in the
vicinity of military installations.
(iii) The extent with which a closure or realignment
contributes to the reduction of excess infrastructure and
infrastructure capacity to meet the targeted reduction
established by the Secretary as required by subsection
(a)(2)(B).
(iv) The ability of the infrastructure of both the existing
and potential receiving communities to support forces,
missions, and personnel.
(v) The cost of mitigating the impact of any increases of
such forces, missions, and personnel at receiving locations
to maintain the level of service that exists prior to the
closure or realignment.
(vi) The environmental impact, including the impact of
costs related to potential environmental restoration,
vulnerability adaptation, mitigation, waste management, and
environmental compliance activities.
(B) When determining the costs associated with a closure or
realignment under subparagraph (A)(i), the Secretary shall
consider costs associated with military construction,
information technology, environmental remediation, relocation
of personnel, termination of public-private contracts,
guarantees, and other factors contributing to the cost of a
closure or realignment as determined by the Secretary.
(e) Priority Given to Military Value.--The Secretary shall
give priority consideration to the military value criteria
specified in subsection (d)(2) in the making of
recommendations for the closure or realignment of military
installations.
(f) Effect on Department and Other Agency Costs.--Selection
criteria relating to cost savings or return on investment
from the proposed closure or realignment of military
installations under this subtitle 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.
(g) Relation to Other Materials.--The final selection
criteria specified in subsection (d) shall be the only
criteria to be used, along with the force-structure plan and
infrastructure inventory referred to in subsection (a), in
making recommendations for the closure or realignment of
military installations in the United States under this
subtitle.
(h) Department of Defense Recommendations.--(1)(A) If the
Secretary makes the certifications required under subsection
(b), the Secretary shall, by not later than May 15, 2019,
publish in the Federal Register--
(i) with respect to each military installation in the
United States, unclassified assessment data of the current
condition of facilities and infrastructure and an
environmental baseline of known contamination and remediation
activities at each such installation that will be used by the
Secretary to develop closure and realignment recommendations;
and
(ii) standard rules to be used by the Secretary to
calculate annual recurring savings for manpower, base
operating costs, utility costs, base closure guarantees,
service-sharing agreements, and other installation support
activities that the Secretary will use in the determination
of the savings derived from closure and realignment of
military installations.
(B) The Secretary shall provide a public comment period of
60 days to allow for a review of the data published under
subparagraph (A) and an opportunity for the Secretary to
correct the assessments to ensure accurate and reliable
information is used for final closure and realignment
recommendations.
(C) If the Secretary does not publish the data or standard
rules under subparagraph (A) by May 15, 2019, the President
shall not commence a round for the selection of military
installations for closure and realignment under this
subtitle.
(2)(A) If the Secretary makes the certifications required
under subsection (b), the Secretary shall, by not later than
October 15, 2019, publish in the Federal Register and
transmit to the congressional defense committees 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 subsection (a) and the final
selection criteria specified in subsection (d).
(B) The closures and realignments included in the list
published by the Secretary under subparagraph (A) may not
have an estimated cost to implement that exceeds
$5,000,000,000 as certified by the Director of Cost Analysis
and Program Evaluation of the Department of Defense.
(C) At the same time as the transmittal of the list under
subparagraph (A), the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a certification that--
(i) the recommendations included in such list will yield
net savings to the Department of Defense within seven years
of completing the closures and realignments included in such
recommendations; and
(ii) no individual recommendation for closure or
realignment is included in such list unless the closure or
realignment demonstrates net savings to the Department within
10 years.
(D) Not later than seven days after the transmittal of the
list of recommendations for closure and realignment under
subparagraph (A), the Secretary shall submit to the
congressional defense committees--
(i) a summary of the selection process that resulted in the
recommendation for each installation, including a
justification for each recommendation based on the final
selection criteria under subsection (d); and
(ii) for each such recommendation, a master plan that
contains a list of each facility action (including
construction, development, conversion, or extension, and any
acquisition of land necessary to produce a complete and
usable facility or a complete and usable improvement to an
existing facility) required to carry out the closure or
realignment, including the scope of work, cost, and timing of
each construction activity as documented in military
construction project data justifications.
(E) With respect to each recommendation for closure or
realignment of a military installation under subparagraph
(A), the construction scope and cost data contained in the
master plan under subparagraph (D)(ii) for such installation
shall be deemed to be the authorization by law to carry out
the construction activity as required under chapter 169 of
title 10, United States Code.
(3)(A) In considering military installations for closure or
realignment, the Secretary shall consider all military
installations in 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.
(D) In making recommendations for closure or realignment of
a military installation under subparagraph (A), 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.
(E) Notwithstanding the requirement in subparagraph (D),
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.
(F) The recommendations shall include a statement of the
result of the consideration of any notice described in
subparagraph (D) that is received with respect to a military
installation covered by such recommendations. The statement
shall set forth the reasons for the result.
(G) For each closure recommendation, and based on an
assessment of the extent of economic impact to local
communities supporting the military installation to be
closed, the Secretary shall determine and propose an amount
to be provided to the local redevelopment agency within a
year of the final decision to close the installation to be
used to accelerate local redevelopment activities.
(4)(A) 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 Comptroller General of the
United States.
(B) The Comptroller General shall analyze the information
made available to the Comptroller General under subparagraph
(A) for each recommendation (including information provided
by local communities) and submit any recommendations of the
Comptroller General to Congress for consideration.
(5)(A) Each person referred to in subparagraph (B), when
submitting information to the Secretary of Defense concerning
the closure or realignment of a military installation, shall
certify that such information is
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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 that the
Secretary of Defense shall prescribe, regulations that the
Secretary of each military department shall prescribe for
personnel within that military department, or regulations
that the head of each Defense Agency shall prescribe for
personnel within that Defense Agency.
(6) Any information provided to the Secretary of Defense by
a person described in paragraph (5)(B), regardless of the
method of transmission, shall be made available for the
public record and submitted in written form to the Senate and
the House of Representatives to be made available to the
Members of the House concerned in accordance with the rules
of that House. The information shall be submitted to the
Senate and House of Representatives within 48 hours after the
submission of the information to the Secretary.
(7) No military installation may be recommended for
inactive status under this subsection unless the Secretary
certifies that its use for future mobilization is essential
to meet operational plans.
(8) The Secretary shall analyze and, to the extent the
Secretary considers appropriate, recommend the realignment
and closure of military installations outside the United
States.
(9) Not later than October 31, 2019, the Secretary shall
submit to the President a report containing a list of the
military installations that the Secretary recommends for
closure or realignment under this subsection, including
recommendations regarding military installations outside the
United States under paragraph (8).
(i) Review by the President.--(1) The President shall, by
not later than November 15, 2019, transmit to Congress a
report containing the President's approval or disapproval of
the recommendations of the Secretary under subsection (h).
(2) If the President approves all of the recommendations of
the Secretary, the President shall transmit a copy of such
recommendations to Congress, together with a certification of
such approval.
(3) If the President disapproves of the recommendations of
the Secretary, in whole or in part, the President shall
transmit to Congress the reasons for that disapproval. The
Secretary shall then transmit to the President, by not later
than December 1, 2019, 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 Secretary transmitted to the President
under paragraph (3), the President shall transmit a copy of
such revised recommendations to Congress, together with a
certification of such approval.
(5) If the President does not transmit to Congress an
approval and certification described in paragraph (2) or (4)
by December 2, 2019, the process by which military
installations may be selected for closure or realignment
under this subtitle shall be terminated.
SEC. 2713. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS.
(a) In General.--The Secretary shall--
(1) close all military installations recommended for
closure in the report transmitted to Congress by the
President pursuant to section 2712(i) and approved under
subsection (b);
(2) realign all military installations recommended for
realignment in such report and approved under such
subsection;
(3) carry out the privatization in place of a military
installation recommended for closure or realignment in such
report and approved under such subsection only if
privatization in place is a method of closure or realignment
of the military installation specified in the recommendations
in such report and is determined by the Secretary to be the
most cost-effective method of implementation of the
recommendation;
(4) carry out the construction activities contained in the
master plan for the military installation as required under
section 2712(h)(2)(D)(ii);
(5) initiate all such closures and realignments not later
than two years after the date on which the President
transmits the report to Congress pursuant to section 2712(i)
containing the recommendations for such closures or
realignments; and
(6) complete all such closures and realignments not later
than the end of the five-year period beginning on the date on
which the President transmits the report pursuant to section
2712(i) containing the recommendations for such closures or
realignments.
(b) Congressional Approval.--The Secretary may not carry
out a closure or realignment recommended in the report
transmitted by the President pursuant to section 2712(i)
unless a joint resolution is enacted approving that closure
or realignment.
SEC. 2714. IMPLEMENTATION AND ANALYSIS.
(a) Use in Making Assessments and Recommendations.--In
making assessments and recommendations under section 2712,
the Secretary shall analyze the requirements and authorities
under this section and consider all of the actions to be
taken under this section with respect to closing or
realigning a military installation under this subtitle.
(b) Implementation.--(1) In closing or realigning any
military installation under this subtitle, 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)(i) 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
subtitle, 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.
(c) 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
subtitle--
(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 et seq.).
(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 all regulations governing the
utilization of excess property and the disposal of surplus
property under subtitle I of title 40, United States Code.
(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 subtitle, 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 subtitle, 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 subtitle 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
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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 180 days after the date of approval
of the closure or realignment of a military installation
under this subtitle, 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 specified
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) two years after the date of approval of the closure
or realignment of the installation; or
(IV) 90 days before the date of the closure or realignment
of the installation.
(ii) The activities specified in this clause are activities
relating to the closure or realignment of an installation to
be closed or realigned under this subtitle 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 subtitle 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 subtitle 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 agency for which expenditures for similar
property would be necessary; and
(II) is the subject of a written request by the head of the
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 subtitle 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, a portion of the profits obtained
over time from the development 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.
(xiii) Adaptation for and mitigation of natural disasters.
(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)(i) The Secretary may transfer real property at an
installation approved for closure or realignment under this
subtitle (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 Federal agency. Subparagraph (B) shall apply to a
transfer under this subparagraph.
(ii) A lease under clause (i) shall be for a term not to
exceed 50 years, but may provide for options for renewal or
extension of the term by the 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 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 Federal agency 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
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) The Secretary may require any additional terms and
conditions in connection with a transfer under this paragraph
as the 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 Federal agency has identified a
use for any
[[Page S4509]]
portion of a military installation to be closed or realigned
under this subtitle, or will accept transfer of any portion
of such installation, are made not later than 180 days 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 subtitle 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.
(6)(A) The disposal of buildings and property located at
installations approved for closure or realignment under this
subtitle shall be carried out in accordance with this
paragraph.
(B)(i) Not later than the date on which the Secretary of
Defense completes the final determinations referred to in
paragraph (5) relating to the use or transferability of any
portion of an installation covered by this paragraph, the
Secretary shall--
(I) identify the buildings and property at the installation
for which the Department of Defense has a use, for which
another Federal agency has identified a use, or of which
another Federal 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 such final determinations) 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
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 90 days and not later than 180 days
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 90 days and not later than 180 days 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 list of the buildings and property to be used for
the program at the installation and a justification for why
such buildings and property are necessary 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.
(iii) If a redevelopment authority does not receive a
notice of interest in accordance with clause (i), the
requirements set forth in subparagraph (H) are not
applicable.
(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 270 days 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 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
[[Page S4510]]
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) Except as provided in subparagraph (E)(iii), 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)(I) 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.
(II) If the Secretary of Defense and the redevelopment
authority concerned do not receive the notice required by
subclause (I) with respect to a military installation within
the period required by clause (i), the Secretary of Defense
shall dispose of the buildings and property at the
installation.
(v) If the Secretary of Housing and Urban Development
determines as a result of a review under clause (iv) 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)(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 this subparagraph.
(II) If the Secretary of Defense and the redevelopment
authority concerned do not receive the notice required by
subclause (I) with respect to a military installation within
the period required by clause (i), the Secretary of Defense
shall dispose of the buildings and property at the
installation.
(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 subchapter II of chapter 471 of
title 49, United States Code (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 30 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
[[Page S4511]]
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 subchapter II of
chapter 471 of title 49, United States Code (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).
(VI) It is the sense of Congress that the Secretary of
Defense and the redevelopment authority should work with
State and local agencies to the maximum extent practicable to
collaborate on environmental assessments to reduce redundancy
of effort and to accelerate redevelopment actions.
(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.
(7)(A) Subject to subparagraph (C), the Secretary may enter
into agreements (including contracts, cooperative agreements,
or other arrangements for reimbursement) with local
governments for the provision of police or security services,
fire protection services, airfield operation services, or
other community services by such governments at military
installations to be closed under this subtitle, or at
facilities not yet transferred or otherwise disposed of in
the case of installations closed under this subtitle, 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.
(d) 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 and, except as provided in
paragraph (2), the Department of Defense in carrying out this
subtitle.
(2)(A) The provisions of the National Environmental Policy
Act of 1969 shall apply to actions of the Department of
Defense under this subtitle--
(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 that has been recommended for closure or
realignment;
(ii) the need for transferring functions to any military
installation that 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.
(e) Waiver.--The Secretary of Defense may close or realign
military installations under this subtitle 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.
(f) 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 subtitle that are available
exclusively for the use, or expression of an interest in a
use, of a redevelopment authority under subsection (c)(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 subtitle 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
[[Page S4512]]
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) of this
subsection.
SEC. 2715. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2017.
(a) In General.--(1) If a joint resolution is enacted under
section 2713(b), there shall be established on the books of
the Treasury an account to be known as the ``Department of
Defense Base Closure Account 2017'' (in this section referred
to as the ``Account''). The Account shall be administered by
the Secretary as a single account.
(2) There shall be deposited into the Account--
(A) funds authorized for and appropriated to the Account;
(B) any funds that the Secretary may, subject to approval
in an appropriation Act, transfer to the Account from funds
appropriated to the Department of Defense for any purpose,
except that such funds may be transferred only after the date
on which the Secretary transmits written notice of, and
justification for, such transfer to the congressional defense
committees; and
(C) except as provided in subsection (d), proceeds received
from the lease, transfer, or disposal of any property at a
military installation that is closed or realigned under this
subtitle.
(3) 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. Unobligated funds that
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 report
transmitted under subsection (c)(2).
(b) Use of Funds.--(1) The Secretary may use the funds in
the Account only for the purposes described in section 2714
with respect to military installations approved for closure
or realignment under this subtitle.
(2) When a decision is made to use funds in the Account to
carry out a construction project under section 2714(a) at a
military installation in support of a master plan for the
military installation as required under section
2712(h)(2)(D)(ii), such construction project shall be
conducted in accordance with the sections of chapter 169 of
title 10, United States Code, applicable to such construction
project.
(3)(A) In the case of construction projects carried out
using funds in the Account that exceed the applicable minor
construction threshold under section 2805 of title 10, United
States Code, the Secretary may carry out such a project that
has not been authorized by law if the Secretary determines
that--
(i) the project is necessary for the Department to execute
a closure or realignment action under this subtitle; and
(ii) the requirement for the project is so urgent that
deferral of the project for authorization by law would pose a
significant delay in proceeding with a realignment or closure
action under this subtitle or is inconsistent with national
security or the protection of health, safety, or
environmental quality.
(B)(i) When a decision is made to carry out a construction
project under subparagraph (A), the Secretary shall submit to
the congressional defense committees in writing a report on
that decision. Each such report shall include--
(I) a justification for the project and a current estimate
of the cost of the project; and
(II) a justification for carrying out the project under
this subtitle.
(ii) The Secretary may carry out a construction project
under subparagraph (A) only after the end of the seven-day
period beginning on the earlier of--
(I) the date on which the report under clause (i) relating
to such project is received by the congressional defense
committees; or
(II) the date on which a copy of such report is provided to
such committees in an electronic medium pursuant to section
480 of title 10, United States Code.
(4) The maximum amount that the Secretary may obligate in
any fiscal year under this section is $100,000,000.
(5) A project carried out using funds under this section
shall be carried out within the total amount of funds
appropriated for the Account that have not been obligated.
(c) Reports.--(1)(A) Not later than 60 days after the end
of each fiscal year in which the Secretary carries out
activities under this subtitle using funds in the Account,
the Secretary shall transmit a report to the congressional
defense committees of--
(i) the amount and nature of the deposits into, and the
expenditures from, the Account during such fiscal year;
(ii) the amount and nature of other expenditures made
pursuant to section 2714(a) during such fiscal year;
(iii) the amount and nature of anticipated deposits to be
made into, and the anticipated expenditures to be made from,
the Account during the first fiscal year commencing after the
submission of the report; and
(iv) the amount and nature of anticipated expenditures to
be made pursuant to section 2714(a) during the first fiscal
year commencing after the submission of the report.
(B) The report for a fiscal year shall include the
following:
(i) The obligations and expenditures from the Account
during the fiscal year, identified by subaccount and
installation, for each military department and Defense
Agency.
(ii) The fiscal year in which appropriations for such
expenditures were made and the fiscal year in which funds
were obligated for such expenditures.
(iii) Each military construction project for which such
obligations and expenditures were made, identified by
installation and project title.
(iv) A description and explanation of the extent, if any,
to which expenditures for military construction projects for
the fiscal year differed from any proposals for projects and
funding levels for the Account for such fiscal year,
including an explanation of--
(I) any failure to carry out military construction projects
that were so proposed; and
(II) any expenditures for military construction projects
that were not so proposed.
(v) An estimate of the net revenues to be received from
property disposals to be completed during the first fiscal
year commencing after the submission of the report at
military installations approved for closure or realignment
under this subtitle.
(2) Not later than 60 days after the closure of the Account
under subsection (a)(3), the Secretary shall transmit to the
congressional defense committees a report containing an
accounting of--
(A) all of the funds deposited into and expended from the
Account or otherwise expended under this subtitle with
respect to such installations; and
(B) any amount remaining in the Account.
(d) Disposal or Transfer of Commissary Stores and Property
Purchased With Nonappropriated Funds.--(1) If any real
property or facility acquired, constructed, or improved (in
whole or in part) with commissary store funds or
nonappropriated funds is transferred or disposed of in
connection with the closure or realignment of a military
installation under this subtitle, a portion of the proceeds
of the transfer or other disposal of property on that
installation shall be deposited in the reserve account
established under section 204(b)(7)(C) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note).
(2) The amount so deposited shall be equal to the
depreciated value of the investment made with such funds in
the acquisition, construction, or improvement of that
particular real property or facility. The depreciated value
of the investment shall be computed in accordance with
regulations prescribed by the Secretary.
(3) The Secretary may use amounts in the reserve account,
without further appropriation, for the purpose of acquiring,
constructing, and improving--
(A) commissary stores; and
(B) real property and facilities for nonappropriated fund
instrumentalities.
(4) In this subsection:
(A) The term ``commissary store funds'' means funds
received from the adjustment of, or surcharge on, selling
prices at commissary stores fixed under section 2685 of title
10, United States Code.
(B) The term ``nonappropriated funds'' means funds received
from a nonappropriated fund instrumentality.
(C) The term ``nonappropriated fund instrumentality'' means
an instrumentality of the United States under the
jurisdiction of the Armed Forces (including the Army and Air
Force Exchange Service, the Navy Resale and Services Support
Office, and the Marine Corps exchanges) which is conducted
for the comfort, pleasure, contentment, or physical or mental
improvement of members of the Armed Forces.
(e) Account Exclusive Source of Funds for Environmental
Restoration Projects.--Except for funds deposited into the
Account under subsection (a), funds appropriated to the
Department of Defense may not be used for purposes described
in section 2714(a)(1)(C). The prohibition in this subsection
shall expire upon the closure of the Account under subsection
(a)(3).
(f) Authorized Cost and Scope of Work Variations.--(1)
Subject to paragraphs (2) and (3), the cost authorized for a
military construction project or military family housing
project to be carried out using funds in the Account may not
be increased or reduced by more than 20 percent or
$2,000,000, whichever is less, of the amount specified for
the project in the conference report to accompany the Act of
Congress authorizing the project. The scope of work for such
a project may not be reduced by more than 25 percent from the
scope specified in the most recent budget documents for the
projects listed in such conference report.
(2) Paragraph (1) shall not apply to a military
construction project or military family housing project to be
carried out using funds in the Account with an estimated cost
of less than $5,000,000, unless the project has not
[[Page S4513]]
been previously identified in any budget submission for the
Account and exceeds the applicable minor construction
threshold under section 2805 of title 10, United States Code.
(3) The limitation on cost or scope variation specified in
paragraph (1) shall not apply if the Secretary of Defense
makes a determination that an increase or reduction in cost
or a reduction in the scope of work for a military
construction project or military family housing project to be
carried out using funds in the Account is required for the
sole purpose of meeting unusual variations in cost or scope.
If the Secretary makes such a determination, the Secretary
shall notify the congressional defense committees of the
variation in cost or scope not later than 21 days before the
date on which the variation is made in connection with the
project or, if the notification is provided in an electronic
medium pursuant to section 480 of title 10, United States
Code, not later than 14 days before the date on which the
variation is made. The Secretary shall include the reasons
for the variation in the notification.
SEC. 2716. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY.
(a) In General.--Except as provided in subsection (c),
during the period beginning on the date of the enactment of
this Act, and ending on April 15, 2020, this subtitle 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 subtitle, during the period
specified in subsection (a)--
(1) to identify, through any transmittal to 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 subtitle affects the
authority of the Secretary to carry out 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 described in subsection (d) of such section.
SEC. 2717. DEFINITIONS.
In this subtitle:
(1) The term ``Account'' means the Department of Defense
Base Closure Account established by section 2715(a)(1).
(2) The term ``congressional defense committees'' means the
Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on Armed
Services and the Committee on Appropriations of the House of
Representatives.
(3) 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.
(4) 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.
(5) The term ``Secretary'' means the Secretary of Defense.
(6) 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.
(7) The term ``date of approval'', with respect to a
closure or realignment of an installation, means the date on
which Congress approves under section 2713(b) a
recommendation of closure or realignment, as the case may be,
of such installation.
(8) The term ``redevelopment authority'', in the case of an
installation to be closed or realigned under this subtitle,
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.
(9) The term ``redevelopment plan'' in the case of an
installation to be closed or realigned under this subtitle,
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.
(10) The term ``representative of the homeless'' has the
meaning given such term in section 501(i)(4) of the Stewart
B. McKinney Homeless Assistance Act (42 U.S.C. 11411(i)(4)).
SEC. 2718. TREATMENT AS A BASE CLOSURE LAW FOR PURPOSES OF
OTHER PROVISIONS OF LAW.
(a) Definition of ``Base Closure Law'' in Title 10.--
Section 101(a)(17) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(D) The Defense Force and Infrastructure Review Act of
2017.''.
(b) Definition of ``Base Closure Law'' in Other Laws.--
(1) Section 131(b) of Public Law 107-249 (10 U.S.C. 221
note) is amended by striking ``means'' and all that follows
and inserting ``has the meaning given the term `base closure
law' in section 101(a)(17) of title 10, United States
Code.''.
(2) Section 1334(k)(1) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
10 U.S.C. 2701 note) is amended by adding at the end the
following new subparagraph:
``(C) The Defense Force and Infrastructure Review Act of
2017.''.
(3) Section 2918(a)(1) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
10 U.S.C. 2687 note) is amended by adding at the end the
following new subparagraph:
``(C) The Defense Force and Infrastructure Review Act of
2017.''.
SEC. 2719. CONFORMING AMENDMENTS.
(a) Deposit and Use of Lease Proceeds.--Section 2667(e) of
title 10, United States Code, is amended--
(1) in paragraph (5), by striking ``on or after January 1,
2005,'' and inserting ``from January 1, 2005 through December
31, 2005,''; and
(2) by adding at the end the following new paragraph:
``(6) Money rentals received by the United States from a
lease under subsection (g) at a military installation
approved for closure or realignment under a base closure law
on or after January 1, 2006, shall be deposited into the
account established under section 2715 of the Defense Force
and Infrastructure Review Act of 2017.''.
(b) Restored Leave.--Section 6304(d)(3)(A) of title 5,
United States Code, is amended by striking ``the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note)'' and inserting ``a
base closure law, as that term is defined in section
101(a)(17) of title 10,''.
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