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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2534 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 2534

_______________________________________________________________________

                                 AN ACT

   To revise and improve the process for disposing of buildings and 
    property at military installations under the base closure laws.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
103d CONGRESS
  2d Session
                                S. 2534

_______________________________________________________________________

                                 AN ACT

 
   To revise and improve the process for disposing of buildings and 
    property at military installations under the base closure laws.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may cited as the ``Base Closure Community Redevelopment 
and Homeless Assistance Act of 1994''.

SEC. 2. DISPOSAL OF BUILDINGS AND PROPERTY AT MILITARY INSTALLATIONS 
              APPROVED FOR CLOSURE.

    (a) In General.--Section 2905(b) of 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) is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following new 
        paragraph (7):
    ``(7)(A) Determinations of the use to assist the homeless of 
buildings and property located at installations approved for closure 
under this part after the date of the enactment of this paragraph shall 
be determined under this paragraph rather than paragraph (6).
    ``(B)(i) Not later than the date on which the Secretary of Defense 
completes the final determinations referred to in paragraph (5) 
relating to the use or transferability of any portion of an 
installation covered by this paragraph, the Secretary shall--
            ``(I) identify the buildings and property at the 
        installation for which the Department of Defense has a use, for 
        which another department or agency of the Federal Government 
        has identified a use, or of which another department or agency 
        will accept a transfer;
            ``(II) take such actions as are necessary to identify any 
        building or property at the installation not identified under 
        subclause (I) that is excess property or surplus property;
            ``(III) submit to the Secretary of Housing and Urban 
        Development and to the redevelopment authority for the 
        installation (or the chief executive officer of the State in 
        which the installation is located if there is no redevelopment 
        authority for the installation at the completion of the 
        determination described in the stem of this sentence) 
        information on any building or property that is identified 
        under subclause (II); and
            ``(IV) publish in the Federal Register and in a newspaper 
        of general circulation in the communities in the vicinity of 
        the installation information on the buildings and property 
        identified under subclause (II).
    ``(ii) Upon the recognition of a redevelopment authority for an 
installation covered by this paragraph, the Secretary of Defense shall 
publish in the Federal Register and in a newspaper of general 
circulation in the communities in the vicinity of the installation 
information on the redevelopment authority.
    ``(C)(i) State and local governments, representatives of the 
homeless, and other interested parties located in the communities in 
the vicinity of an installation covered by this paragraph shall submit 
to the redevelopment authority for the installation a notice of the 
interest, if any, of such governments, representatives, and parties in 
the buildings or property, or any portion thereof, at the installation 
that are identified under subparagraph (B)(i)(II). A notice of interest 
under this clause shall describe the need of the government, 
representative, or party concerned for the buildings or property 
covered by the notice.
    ``(ii) The redevelopment authority for an installation shall assist 
the governments, representatives, and parties referred to in clause (i) 
in evaluating buildings and property at the installation for purposes 
of this subparagraph.
    ``(iii) In providing assistance under clause (ii), a redevelopment 
authority shall--
            ``(I) consult with representatives of the homeless in the 
        communities in the vicinity of the installation concerned; and
            ``(II) undertake outreach efforts to provide information on 
        the buildings and property to representatives of the homeless, 
        and to other persons or entities interested in assisting the 
        homeless, in such communities.
    ``(iv) It is the sense of Congress that redevelopment authorities 
should begin to conduct outreach efforts under clause (iii)(II) with 
respect to an installation as soon as is practicable after the date of 
approval of closure of the installation.
    ``(D)(i) State and local governments, representatives of the 
homeless, and other interested parties shall submit a notice of 
interest to a redevelopment authority under subparagraph (C) not later 
than the date specified for such notice by the redevelopment authority.
    ``(ii) The date specified under clause (i) shall be--
            ``(I) in the case of an installation for which a 
        redevelopment authority has been recognized as of the date of 
        the completion of the determinations referred to in paragraph 
        (5), not earlier than 3 months and not later than 6 months 
        after that date; and
            ``(II) in the case of an installation for which a 
        redevelopment authority is not recognized as of such date, not 
        earlier than 3 months and not later than 6 months after the 
        date of the recognition of a redevelopment authority for the 
        installation.
    ``(iii) Upon specifying a date for an installation under this 
subparagraph, the redevelopment authority for the installation shall--
            ``(I) publish the date specified in a newspaper of general 
        circulation in the communities in the vicinity of the 
        installation concerned; and
            ``(II) notify the Secretary of Defense of the date.
    ``(E)(i) In submitting to a redevelopment authority under 
subparagraph (C) a notice of interest in the use of buildings or 
property at an installation to assist the homeless, a representative of 
the homeless shall submit the following:
            ``(I) A description of the homeless assistance program that 
        the representative proposes to carry out at the installation.
            ``(II) An assessment of the need for the program.
            ``(III) A description of the extent to which the program is 
        or will be coordinated with other homeless assistance programs 
        in the communities in the vicinity of the installation.
            ``(IV) A description of the buildings and property at the 
        installation that are necessary in order to carry out the 
        program.
            ``(V) A description of the financial plan, the 
        organization, and the organizational capacity of the 
        representative to carry out the program.
            ``(VI) An assessment of the time required in order to 
        commence carrying out the program.
    ``(ii) A redevelopment authority may not release to the public any 
information submitted to the redevelopment authority under clause 
(i)(V) without the consent of the representative of the homeless 
concerned unless such release is authorized under Federal law and under 
the law of the State and communities in which the installation 
concerned is located.
    ``(F)(i) The redevelopment authority for each installation covered 
by this paragraph shall prepare a redevelopment plan for the 
installation. The redevelopment authority shall, in preparing the plan, 
consider the interests in the use to assist the homeless of the 
buildings and property at the installation that are expressed in the 
notices submitted to the redevelopment authority under subparagraph 
(C).
    ``(ii)(I) In connection with a redevelopment plan for an 
installation, a redevelopment authority and representatives of the 
homeless shall prepare legally binding agreements that provide for the 
use to assist the homeless of buildings and property, resources, and 
assistance on or off the installation. The implementation of such 
agreements shall be contingent upon the approval of the redevelopment 
plan by the Secretary of Housing and Urban Development under 
subparagraph (H) or (J).
    ``(II) Agreements under this clause shall provide for the reversion 
to the redevelopment authority concerned, or to such other entity or 
entities as the agreements shall provide, of buildings and property 
that are made available under this paragraph for use to assist the 
homeless in the event that such buildings and property cease being used 
for that purpose.
    ``(iii) A redevelopment authority shall provide opportunity for 
public comment on a redevelopment plan before submission of the plan to 
the Secretary of Defense and the Secretary of Housing and Urban 
Development under subparagraph (G).
    ``(iv) A redevelopment authority shall complete preparation of a 
redevelopment plan for an installation and submit the plan under 
subparagraph (G) not later than 9 months after the date specified by 
the redevelopment authority for the installation under subparagraph 
(D).
    ``(G)(i) Upon completion of a redevelopment plan under subparagraph 
(F), a redevelopment authority shall submit an application containing 
the plan to the Secretary of Defense and to the Secretary of Housing 
and Urban Development.
    ``(ii) A redevelopment authority shall include in an application 
under clause (i) the following:
            ``(I) A copy of the redevelopment plan, including a summary 
        of any public comments on the plan received by the 
        redevelopment authority under subparagraph (F)(iii).
            ``(II) A copy of each notice of interest of use of 
        buildings and property to assist the homeless that was 
        submitted to the redevelopment authority under subparagraph 
        (C), together with a description of the manner, if any, in 
        which the plan addresses the interest expressed in each such 
        notice and, if the plan does not address such an interest, an 
        explanation why the plan does not address the interest.
            ``(III) A summary of the outreach undertaken by the 
        redevelopment authority under subparagraph (C)(iii)(II) in 
        preparing the plan.
            ``(IV) A statement identifying the representatives of the 
        homeless and the homeless assistance planning boards, if any, 
        with which the redevelopment authority consulted in preparing 
        the plan, and the results of such consultations.
            ``(V) An assessment of the manner in which the 
        redevelopment plan balances the expressed needs of the homeless 
        and the need of the communities in the vicinity of the 
        installation for economic redevelopment and other development.
            ``(VI) Copies of the agreements that the redevelopment 
        authority proposes to enter into under subparagraph (F)(ii).
    ``(H)(i) Not later than 60 days after receiving a redevelopment 
plan under subparagraph (G), the Secretary of Housing and Urban 
Development shall complete a review of the plan. The purpose of the 
review is to determine whether the plan, with respect to the expressed 
interest and requests of representatives of the homeless--
            ``(I) takes into consideration the size and nature of the 
        homeless population in the communities in the vicinity of the 
        installation, the availability of existing services in such 
        communities to meet the needs of the homeless in such 
        communities, and the suitability of the buildings and property 
        covered by the plan for the use and needs of the homeless in 
        such communities;
            ``(II) takes into consideration any economic impact of the 
        homeless assistance under the plan on the communities in the 
        vicinity of the installation;
            ``(III) balances in an appropriate manner the needs of the 
        communities in the vicinity of the installation for economic 
        redevelopment and other development with the needs of the 
        homeless in such communities;
            ``(IV) was developed in consultation with representatives 
        of the homeless and the homeless assistance planning boards, if 
        any, in the communities in the vicinity of the installation; 
        and
            ``(V) specifies the manner in which buildings and property, 
        resources, and assistance on or off the installation will be 
        made available for homeless assistance purposes.
    ``(ii) It is the sense of Congress that the Secretary of Housing 
and Urban Development shall, in completing the review of a plan under 
this subparagraph, take into consideration and be receptive to the 
predominant views on the plan of the communities in the vicinity of the 
installation covered by the plan.
    ``(iii) The Secretary of Housing and Urban Development may engage 
in negotiations and consultations with a redevelopment authority before 
or during the course of a review under clause (i) with a view toward 
resolving any preliminary determination of the Secretary that a 
redevelopment plan does not meet a requirement set forth in that 
clause. The redevelopment authority may modify the redevelopment plan 
as a result of such negotiations and consultations.
    ``(iv) Upon completion of a review of a redevelopment plan under 
clause (i), the Secretary of Housing and Urban Development shall notify 
the Secretary of Defense and the redevelopment authority concerned of 
the determination of the Secretary of Housing and Urban Development 
under that clause.
    ``(v) If the Secretary of Housing and Urban Development determines 
as a result of such a review that a redevelopment plan does not meet 
the requirements set forth in clause (i), a notice under clause (iv) 
shall include--
            ``(I) an explanation of that determination; and
            ``(II) a statement of the actions that the redevelopment 
        authority must undertake in order to address that 
        determination.
    ``(I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a 
determination that a redevelopment plan does not meet a requirement set 
forth in subparagraph (H)(i), a redevelopment authority shall have the 
opportunity to--
            ``(I) revise the plan in order to address the 
        determination; and
            ``(II) submit the revised plan to the Secretary of Housing 
        and Urban Development.
    ``(ii) A redevelopment authority shall submit a revised plan under 
this subparagraph to the Secretary of Housing and Urban Development, if 
at all, not later than 90 days after the date on which the 
redevelopment authority receives the notice referred to in clause (i).
    ``(J)(i) Not later than 30 days after receiving a revised 
redevelopment plan under subparagraph (I), the Secretary of Housing and 
Urban Development shall review the revised plan and determine if the 
plan meets the requirements set forth in subparagraph (H)(i).
    ``(ii) The Secretary of Housing and Urban Development shall notify 
the Secretary of Defense and the redevelopment authority concerned of 
the determination of the Secretary of Housing and Urban Development 
under this subparagraph.
    ``(K) Upon receipt of a notice under subparagraph (H)(vi) 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 located at the installation 
that are identified in the plan as available for use to assist the 
homeless in accordance with the provisions of the plan. The Secretary 
of Defense may dispose of such buildings or property directly to the 
representatives of the homeless concerned or to the redevelopment 
authority concerned. The Secretary of Defense shall dispose of the 
buildings and property under this subparagraph without consideration.
    ``(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) The Secretary of Housing and Urban Development shall 
indicate to the Secretary of Defense and to the redevelopment authority 
concerned the buildings and property at an installation under clause 
(i)(IV) to be disposed of not later than 90 days after the date of a 
receipt of a revised plan for the installation under subparagraph (J).
    ``(iv) The Secretary of Defense shall dispose of the buildings and 
property at an installation referred to in clause (iii) to entities 
indicated by the Secretary of Housing and Urban Development or by 
transfer to the redevelopment authority concerned for transfer to such 
entities. Such disposal shall be in accordance with the indications of 
the Secretary of Housing and Urban Development under clause (i)(IV). 
Such disposal shall be without consideration.
    ``(M)(i) In the event of the disposal of buildings and property of 
an installation pursuant to subparagraph (K), 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 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.''.
    (b) Definition.--Section 2910 of such Act is amended by adding at 
the end the following:
            ``(10) The term `representative of the homeless' has the 
        meaning given such term in section 501(h)(4) of the Stewart B. 
        McKinney Homeless Assistance Act (42 U.S.C. 11411(h)(4)).''.
    (c) Conforming Amendment to  1990 Base Closure Act.--Section 
2905(b)(6)(A) of such Act is amended by adding at the end the 
following: ``For procedures relating to the use to assist the homeless 
of buildings and property at installations closed under this part after 
the date of the enactment of this sentence, see paragraph (7).''.
    (d) Conforming Amendment to McKinney Act.--Section 501 of the 
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411) is 
amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following new 
        subsection (h):
    ``(h) Applicability to Property Under Base Closure Process.--(1) 
The provisions of this section shall not apply to buildings and 
property at military installations that are approved for closure under 
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) after the date of the 
enactment of this subsection.
    ``(2) For provisions relating to the use to assist the homeless of 
buildings and property located at certain military installations 
approved for closure under such Act, or under title II of the Defense 
Authorization Amendments and Base Closure and Realignment Act (Public 
Law 100-526; 10 U.S.C. 2687 note), before such date, see section 2(e) 
of Base Closure Community Redevelopment and Homeless Assistance Act of 
1994.''.
    (e) Applicability to Installations Approved for Closure Before 
Enactment of Act.--(1)(A) Notwithstanding any provision of the 1988 
base closure Act or the 1990 base closure Act, as such provision was in 
effect on the day before the date of the enactment of this Act, and 
subject to subparagraphs (B) and (C), the use to assist the homeless of 
building and property at military installations approved for closure 
under the 1988 base closure Act or the 1990 base closure Act, as the 
case may be, before such date shall be determined in accordance with 
the provisions of paragraph (7) of section 2905(b) of the 1990 base 
closure Act, as amended by subsection (a), in lieu of the provisions of 
the 1988 base closure Act or the 1990 base closure Act that would 
otherwise apply to the installations.
    (B)(i) The provisions of such paragraph (7) shall apply to an 
installation referred to in subparagraph (A) only if the redevelopment 
authority for the installation submits a request to the Secretary of 
Defense not later than 60 days after the date of the enactment of this 
Act.
    (ii) In the case of an installation for which no redevelopment 
authority exists on the date of the enactment of this Act, the chief 
executive officer of the State in which the installation is located 
shall submit the request referred to in clause (i) and act as the 
redevelopment authority for the installation.
    (C) The provisions of such paragraph (7) shall not apply to any 
buildings or property at an installation referred to in subparagraph 
(A) for which the redevelopment authority submits a request referred to 
in subparagraph (B) within the time specified in such subparagraph (B) 
if the buildings or property, as the case may be, have been transferred 
or leased for use to assist the homeless under the 1988 base closure 
Act or the 1990 base closure Act, as the case may be, before the date 
of the enactment of this Act.
    (2) For purposes of the application of such paragraph (7) to the 
buildings and property at an installation, the date on which the 
Secretary receives a request with respect to the installation under 
paragraph (1) shall be treated as the date on which the Secretary of 
Defense completes the final determination referred to in subparagraph 
(B) of such paragraph (7).
    (3) Upon receipt under paragraph (1)(B) of a timely request with 
respect to an installation, 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 describing 
the redevelopment authority for the installation.
    (4)(A) The Secretary of Housing and Urban Development and the 
Secretary of Health and Human Services shall not, during the 60-day 
period beginning on the date of the enactment of this Act, carry out 
with respect to any military installation approved for closure under 
the 1988 base closure Act or the 1990 base closure Act before such date 
any action required of such Secretaries under the 1988 base closure Act 
or the 1990 base closure Act, as the case may be, or under section 501 
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411).
    (B)(i) Upon receipt under paragraph (1)(A) of a timely request with 
respect to an installation, the Secretary of Defense shall notify the 
Secretary of Housing and Urban Development and the Secretary of Health 
and Human Services that the disposal of buildings and property at the 
installation shall be determined under such paragraph (7) in accordance 
with this subsection.
    (ii) Upon receipt of a notice with respect to an installation under 
this subparagraph, the requirements, if any, of the Secretary of 
Housing and Urban Development and the Secretary of Health and Human 
Services with respect to the installation under the provisions of law 
referred to in subparagraph (A) shall terminate.
    (iii) Upon receipt of a notice with respect to an installation 
under this subparagraph, the Secretary of Health and Human Services 
shall notify each representative of the homeless that submitted to that 
Secretary an application to use buildings or property at the 
installation to assist the homeless under the 1988 base closure Act or 
the 1990 base closure Act, as the case may be, that the use of 
buildings and property at the installation to assist the homeless shall 
be determined under such paragraph (7) in accordance with this 
subsection.
    (5)(A) In preparing a redevelopment plan for buildings and property 
at an installation covered by such paragraph (7) by reason of this 
subsection, the redevelopment authority concerned shall--
            (A) consider and address specifically any applications for 
        use of such buildings and property to assist the homeless that 
        were received by the Secretary of Health and Human Services 
        under the 1988 base closure Act or the 1990 base closure Act, 
        as the case may be, before the date of the enactment of this 
        Act and are pending with that Secretary on that date; and
            (B) in the case of any application by representatives of 
        the homeless that was approved by the Secretary of Health and 
        Human Services before the date of enactment of this Act, ensure 
        that the plan adequately addresses the needs of the homeless 
        identified in the application by providing such representatives 
        of the homeless with--
                    (i) properties, on or off the installation, that 
                are substantially equivalent to the properties covered 
                by the application;
                    (ii) sufficient funding to secure such 
                substantially equivalent properties;
                    (iii) services and activities that meet the needs 
                identified in the application; or
                    (iv) a combination of the properties, funding, and 
                services and activities described in clause (i), (ii), 
                and (iii).
    (6) In the case of an installation to which the provisions of such 
paragraph (7) apply by reason of this subsection, the date specified by 
the redevelopment authority for the installation under subparagraph (D) 
of such paragraph (7) shall be not less than 1 month and not more than 
6 months after the date of the submittal of the request with respect to 
the installation under paragraph (1)(B).
    (7) For purposes of this subsection:
            (A) The term ``1988 base closure Act'' means title II of 
        the Defense Authorization Amendments and Base Closure and 
        Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
            (B) The term ``1990 base closure Act'' means 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).
    (f) Clarifying Amendments to Base Closure Acts.--(1) Section 
204(b)(6)(F)(i) of the Defense Authorization Amendments and Base 
Closure Act and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 
note) is amended by inserting ``and buildings and property referred to 
in subparagraph (B)(ii) which have not been identified as suitable for 
use to assist the homeless under subparagraph (C),'' after 
``subparagraph (D),''.
    (2) Section 2905(b)(6)(F)(i) of 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) is amended by inserting ``and buildings and property 
referred to in subparagraph (B)(ii) which have not been identified as 
suitable for use to assist the homeless under subparagraph (C),'' after 
``subparagraph (D),''.

            Passed the Senate October 6 (legislative day, September 
      12), 1994.

            Attest:

                                                             Secretary.

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