S. 2534

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

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
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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
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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.
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‘‘(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.
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‘‘(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 redevelop- ment 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
S. 2534—6

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 prac-
S. 2534—7

ticable, 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 sub- section (h):

‘‘(h) APPLICABILITY TO PROPERTY UNDER BASE CLOSURE PROC- ESS.—(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
S. 2534—8

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.
S. 2534—9

(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 serv- ices 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
S. 2534—10

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),’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.