II

105TH CONGRESS

2D SESSION S. 1814

To amend title 10, United States Code, to reform and reorganize the Department of Defense, to streamline its operations, to eliminate its inefficiencies, to reallocate its functions, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 23, 1998

Mr. THURMOND (for himself and Mr. LEVIN) (by request) introduced the following bill; which was read twice and referred to the Committee on

Armed Services

A BILL

To amend title 10, United States Code, to reform and reorganize the Department of Defense, to streamline its operations, to eliminate its inefficiencies, to reallocate its

functions, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Department of Defense Reform Act of 1998’’.
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1 (b) TABLE OF CONTENTS.—

TITLE I—STRUCTURAL CHANGES

Sec. 101. Repeal of the Requirement for an Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs.

Sec. 102. Change of Name from Assistant Secretary of Defense for Special Operations and Low Intensity Conflict to Assistant Secretary of

Defense for Special Operations and Humanitarian Activities.

Sec. 103. Supervision of Defense Acquisition University Structure.

Sec. 104. Repeal of The Requirement for a Director of Acquisition Education,

Training, and Career Development.

Sec. 105. Chancellor for Education and Professional Development.

Sec. 106. Expansion of Authority to Expand the National Defense University

and its Structure.

Sec. 107. Repeal of Appropriations Act Limitation in the Relocation of an Organization, Unit, Activity, or Function of the Department of

Defense Into or Within the National Capital Region.

Sec. 108. Repeal of Limitation on the Management of a Department of Defense

Field Operating Agency.

Sec. 109. Provisions Reducing Personnel in Management Headquarters and

Headquarters Support Activities.

Sec. 110. Repeal of Limitation in the Reorganization of Airborne Reconnaissance Management.

TITLE II—MANAGEMENT

Sec. 201. Elimination of Certification Requirement That Civilian Employees of

the Department of Defense Have Not Been Managed by End

Strengths.

Sec. 202. Extension Through Fiscal Year 2003 of Certain Force Drawdown

Transition Authorities Relating to Personnel Management and

Benefits.

Sec. 203. Use of Voluntary Separation Incentive Pay and Voluntary Early Retirement Authority to Meet Mission Requirements.

TITLE III—GOVERNMENT TRAVEL REFORM

Sec. 301. Streamlining and Simplifying Member-Arranged Movement of Household Goods.

Sec. 302. Governmental Travel Reform: Disposition of Defense Nonappropriated Fund Travel Service Payments When Realized

Through a Joint Procurement With Appropriated Fund Travel

Services.

TITLE IV—PROCUREMENT PROVISIONS

Sec. 401. Authority for Statistical Sampling to Ensure Receipt of Goods and

Services.

Sec. 402. Authorization for Contractor Participation in Testing Defense Acquisition Programs.

Sec. 403. Use of Negotiated Sales in the Disposal of Property.

Sec. 404. Repeal of Contract Fee Limitations.

Sec. 405. Clarification That the Federal Property and Administrative Services

Act of 1949 Does Not Apply to Leases in BRAC Properties.
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TITLE V—OPERATIONS—USE OF RESERVES

Sec. 501. Reserve Component Preparedness for Emergencies Involving Weapons of Mass Destruction; Exclusion From End-strengths.

Sec. 502. Active Guard and Reserve Personnel in Support of Emergency Preparedness Programs for Weapons of Mass Destruction.

Sec. 503. Order to Active Duty of Reserve Components; Extension of Period.

TITLE VI—INTELLIGENCE PERSONNEL MANAGEMENT

Sec. 601. Department of Defense Civilian Intelligence Personnel System

Changes.

Sec. 602. Transfer of Employees From the Defense Civilian Intelligence Personnel Systems to the Competitive Service.

TITLE VII—DEFENSE BASE CLOSURE AND REALIGNMENT ACT

OF 1998

Sec. 701. Short Title and Purpose.

Sec. 702. The Commission.

Sec. 703. Procedure for Making Recommendations for Base Closures and Realignments.

Sec. 704. Closure and Realignment of Military Installations.

Sec. 705. Implementation.

Sec. 706. Account.

Sec. 707. Reports.

Sec. 708. Congressional Consideration of Commission Report.

Sec. 709. Restriction on Other Base Closure Authority.

Sec. 710. Definitions.

Sec. 711. Conforming Amendments.

1 TITLE I—STRUCTURAL CHANGES

2 IN THE OFFICE OF THE SEC3 RETARY OF DEFENSE

4 SEC. 101. REPEAL OF THE REQUIREMENT FOR AN ASSIST5 ANT TO THE SECRETARY OF DEFENSE FOR

6 NUCLEAR AND CHEMICAL AND BIOLOGICAL

7 DEFENSE PROGRAMS.

8 (a) IN GENERAL.—Section 142 of such title 10 is re9 pealed.

10 (b) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of chapter 4 of such title 10 is amended

12 by striking the item relating to section 142.
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1 (c) CONFORMING AMENDMENT; DELETION OF

2 NAME.—Section 5316 of title 5, United States Code, is

3 amended by striking ‘‘Assistant to the Secretary of De4 fense for Atomic Energy, Department of Defense.’’.

5 (d) CONFORMING AMENDMENT; REPEAL OF RE6 QUIREMENT THAT ASSISTANT TO THE SECRETARY OF

7 DEFENSE FOR NUCLEAR, CHEMICAL AND BIOLOGICAL

8 PROGRAM BE STAFF DIRECTOR TO THE JOINT NUCLEAR

9 WEAPONS COUNCIL.—Section 179(c) of such title 10 is

10 amended by striking paragraph (2) and ‘‘(1)’’ at the be11 ginning of subsection (c).

12 SEC. 102. CHANGE OF NAME FROM ASSISTANT SECRETARY

13 OF DEFENSE FOR SPECIAL OPERATIONS AND

14 NOW INTENSITY CONFLICT TO ASSISTANT

15 SECRETARY OF DEFENSE FOR SPECIAL OP16 ERATIONS AND HUMANITARIAN ACTIVITIES.

17 Section 138(b)(4) of such title 10, is amended by

18 striking ‘‘shall be the Assistant Secretary of Defense for

19 Special Operations and Low Intensity Conflict’’ and in20 serting in lieu thereof ‘‘shall be the Assistant Secretary

21 of Defense for Special Operations and Humanitarian Ac22 tivities’’.
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1 SEC. 103. SUPERVISION OF DEFENSE ACQUISITION UNIVER2 SITY STRUCTURE.

3 Section 1702 of such title 10 is amended by adding

4 at the end the following new sentence: ‘‘The Under Sec5 retary shall establish policy and requirements for the edu6 cational programs of the defense acquisition university

7 structure established by section 1746 of this title.’’.

8 SEC. 104. REPEAL OF THE REQUIREMENT FOR A DIRECTOR

9 OF ACQUISITION EDUCATION, TRAINING, AND

10 CAREER DEVELOPMENT.

11 (a) IN GENERAL.—Section 1703 of such title 10, to

12 include the catchline for such section, is repealed.

13 (b) CLERICAL AMENDMENT.—The table of sections

14 for subchapter I of chapter 87 of such title 10 is amended

15 by striking the item relating to section 1703.

16 (c) CONFORMING AMENDMENT.—Section 1746(a) of

17 such title 10 is amended by striking ‘‘, acting through the

18 Under Secretary of Defense for Acquisition and Tech19 nology,’’.

20 SEC. 105. CHANCELLOR FOR EDUCATION AND PROFES21 SIONAL DEVELOPMENT.

22 (a) IN GENERAL.—Chapter 81 of such title 10 is

23 amended by adding at the end the following new section

24 1599d:
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1 § 1599d. Chancellor for education and professional

2 development

3 ‘‘The Secretary of Defense shall appoint, without re4 gard to other laws relating to appointment, classification,

5 or compensation, a Chancellor for Education and Profes6 sional Development. Subject to the provisions of section

7 1702 of this title with respect to the educational programs

8 of the defense acquisition university structure, the Chan9 cellor shall exercise authority, direction, and control over

10 education and professional development programs, other

11 than those related to professional military education and

12 training, within the Department of Defense.’’.

13 (b) CLERICAL AMENDMENT.—In the table of sections

14 for such chapter, insert after the item relating to section

15 1599c the following:

‘‘1599d. Chancellor for education and professional development.’’.

16 SEC. 106. EXPANSION OF AUTHORITY TO EXPAND THE NA17 TIONAL DEFENSE UNIVERSITY AND ITS

18 STRUCTURE.

19 Section 2165(b) of title 10, United States Code, is

20 amended by striking ‘‘consists of the following institu21 tions:’’ and inserting in lieu thereof ‘‘May include the fol22 lowing institutions and such other educational institutions

23 as the Secretary determines appropriate:’’.
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1 SEC. 107. REPEAL OF APPROPRIATIONS ACT LIMITATION IN

2 THE RELOCATION OF AN ORGANIZATION,

3 UNIT, ACTIVITY, OR FUNCTION OF THE DE4 PARTMENT OF DEFENSE INTO OR WITHIN

5 THE NATIONAL CAPITAL REGION.

6 Section 8022 of the Department of Defense Appro7 priations Act, 1998 (Public Law 105–56; 111 Stat. 1233)

8 is repealed.

9 SEC. 108. REPEAL OF LIMITATION ON THE MANAGEMENT

10 OF A DEPARTMENT OF DEFENSE FIELD OP11 ERATING AGENCY.

12 Section 8061 of the Department of Defense Appro13 priations Act, 1998 (Public Law 105–56; 111 Stat. 1233)

14 is repealed.

15 SEC. 109. PROVISIONS REDUCING PERSONNEL IN MANAGE16 MENT HEADQUARTERS AND HEADQUARTERS

17 SUPPORT ACTIVITIES.

18 (a) IN GENERAL.—Section 130a of title 10, United

19 States Code, is repealed.

20 (b) CLERICAL AMENDMENT.—The table of sections

21 at the beginning of chapter 3 of such title 10 is amended

22 by striking the item relating to section 130a.

23 (c) CONFORMING AMENDMENT.—Sections 911(b) of

24 the National Defense Authorization Act for Fiscal Year

25 1998 (Public Law 105–85; 111 Stat. 1858–1859) is re26 pealed.
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1 SEC. 110. REPEAL OF LIMITATION IN THE REORGANIZA2 TION OF AIRBORNE RECONNAISSANCE MAN3 AGEMENT.

4 Section 905 of the National Defense Authorization

5 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

6 1855) is repealed.

7 TITLE II—MANAGEMENT

8 SEC. 201. ELIMINATION OF CERTIFICATION REQUIREMENT

9 THAT CIVILIAN EMPLOYEES OF THE DEPART10 MENT OF DEFENSE HAVE NOT BEEN MAN11 AGED BY END STRENGTHS.

12 (a) AUTHORIZATION ACT REQUIREMENT.—Section

13 129 of title 10, United States Code, is amended by strik14 ing subsection (f).

15 (b) APPROPRIATIONS ACT LIMITATION.—Section

16 8010 of the Department of Defense Appropriations Act,

17 1998 (Public Law 105–56; 111 Stat. 1222) is repealed.

18 SEC. 202. EXTENSION THROUGH FISCAL YEAR 2003 OF CER19 TAIN FORCE DRAWDOWN TRANSITION AU20 THORITIES RELATING TO PERSONNEL MAN21 AGEMENT AND BENEFITS.

22 (a) EARLY RETIREMENT AUTHORITY FOR ACTIVE

23 DUTY MEMBERS.—Section 4403(i) of the National De24 fense Authorization Act for Fiscal Year 1993 (Public Law

25 102–484; 106 Stat. 2704) is amended by striking ‘‘Octo-
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1 ber 1, 1999’’ and inserting in lieu thereof ‘‘October 1,

2 2003’’.

3 (b) SPECIAL SEPARATION BENEFIT.—Section

4 1174a(h) of title 10, United States Code, is amended by

5 striking ‘‘September 30, 1999’’ and inserting in lieu there6 of ‘‘September 30, 2003’’.

7 (c) VOLUNTARY SEPARATION INCENTIVE.—Section

8 1175(d)(3) of such title 10 is amended by striking ‘‘Sep9 tember 30, 1999’’ and inserting in lieu thereof ‘‘Septem10 ber 30, 2003’’.

11 (d) SELECTIVE EARLY RETIREMENT BOARDS.—Sec12 tion 638a(a) of such title 10, is amended by striking

13 ‘‘nine-year period’’ and inserting in lieu thereof ‘‘thirteen14 year period’’.

15 (e) REDUCTION OF TIME-IN-GRADE REQUIREMENT

16 FOR RETENTION OF GRADE UPON VOLUNTARY RETIRE17 MENT.—Section 1370(a)(2)(A) of such title 10, is amend18 ed by striking ‘‘nine-year period’’ and inserting in lieu

19 thereof ‘‘thirteen-year period’’.

20 (f) REQUIRED LENGTH OF COMMISSIONED SERVICE

21 FOR VOLUNTARY RETIREMENT AS AN OFFICER.—

22 (1) ARMY.—Section 3911(b) of such title 10, is

23 amended by striking ‘‘nine-year period’’ and insert24 ing in lieu thereof ‘‘thirteen-year period’’;
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1 (2) NAVY.—Section 6323(a)(2) of such title 10

2 is amended by striking ‘‘nine-year period’’ and in3 serting in lieu thereof ‘‘thirteen-year period’’; and

4 (3) AIR FORCE.—Section 8911(b) of such title

5 10 is amended by striking ‘‘nine-year period’’ and

6 inserting in lieu thereof ‘‘thirteen-year period’’.

7 (g) RETIREMENT OF CERTAIN LIMITED DUTY OFFI8 CERS OF THE NAVY AND MARINE CORPS.—

9 (1) RETIREMENT FOR YEARS OF SERVICE FOR

10 LIEUTENANT COLONELS AND COMMANDERS.—Sec11 tion 633 of such title 10 is amended by striking

12 ‘‘October 1, 1999’’ and inserting in lieu thereof ‘‘Oc13 tober 1, 2003’’;

14 (2) RETIREMENT FOR YEARS OF SERVICE FOR

15 COLONELS AND NAVY CAPTAINS.—Section 634 of

16 such title 10 is amended by striking ‘‘October 1,

17 1999’’ and inserting in lieu thereof ‘‘October 1,

18 2003’’; and

19 (3) RETIREMENT FOR CERTAIN NAVY AND MA20 RINE CORPS OFFICERS.—Section 6383 of such title

21 10 is amended—

22 (A) in subsection (a)(5) by striking out

23 ‘‘October 1, 1999’’ and inserting in lieu thereof

24 ‘‘October 1, 2003’’, and
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1 (B) in subsection (k) by striking out ‘‘Oc2 tober 1, 1999’’ and inserting in lieu thereof

3 ‘‘October 1, 2003.’’

4 (h) TRAVEL AND TRANSPORTATION ALLOWANCES

5 AND STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS

6 FOR CERTAIN MEMBERS BEING INVOLUNTARILY SEPA7 RATED.—

8 (1) SELECTION OF HOME FOR TRAVEL.—Sec9 tion 404(c)(1)(C) of title 37, United States Code, is

10 amended by striking ‘‘nine-year period’’ and insert11 ing in lieu thereof ‘‘thirteen-year period’’.

12 (2) WAIVER FOR TOTAL SERVICE AGREEMENT

13 FOR TRAVEL.—Section 404(f)(2)(B)(v) of such title

14 37 is amended by striking ‘‘nine-year period’’ and

15 inserting in lieu thereof ‘‘thirteen-year period’’.

16 (3) TRANSPORTATION IN KIND.—Section

17 406(a)(2)(B)(v) of such title 37 is amended by strik18 ing ‘‘nine-year period’’ and inserting in lieu thereof

19 ‘‘thirteen-year period’’.

20 (4) HOUSEHOLD GOODS TRANSPORTATION.—

21 Section 406(g)(1)(C) of such title 37 is amended by

22 striking ‘‘nine-year period’’ and inserting in lieu

23 thereof ‘‘thirteen-year period’’.

24 (5) STORAGE OF HOUSEHOLD EFFECTS.—Sec25 tion 503(c) of the National Defense Authorization
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1 Act for Fiscal Year 1991 (Public Law 101–510; 37

2 U.S.C. 406 note) is amended by striking out ‘‘nine3 year period’’ and inserting in lieu thereof ‘‘thirteen4 year period’’.

5 (i) PROGRAM OF EDUCATIONAL LEAVE RELATING TO

6 CONTINUING PUBLIC AND COMMUNITY SERVICE.—Sec7 tion 4463(f) of the National Defense Authorization Act

8 for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C.

9 1143a note) is amended by striking ‘‘September 30,

10 1999’’ and inserting in lieu thereof ‘‘September 30,

11 2003’’.

12 (j) HEALTH, COMMISSARY, AND FAMILY HOUSING

13 BENEFITS.—

14 (1) TRANSITIONAL HEALTH CARE.—Section

15 1145 of such title 10 is amended—

16 (A) in paragraph (a)(1), by striking ‘‘nine17 year period’’ and inserting in lieu thereof ‘‘thir18 teen-year period’’; and

19 (B) in subsection (e), by striking ‘‘five-year

20 period’’ and inserting in lieu thereof ‘‘nine-year

21 period’’.

22 (2) TRANSITIONAL HEALTH CARE FOR CERTAIN

23 SEPARATED MEMBERS NOT OTHERWISE ELIGIBLE.—

24 Section 1145(c)(1) of such title 10 is amended by
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1 striking ‘‘nine-year period’’ and inserting in lieu

2 thereof ‘‘thirteen-year period’’.

3 (3) COMMISSARY AND EXCHANGE BENEFITS.—

4 Section 1146 of such title 10 is amended—

5 (A) by striking ‘‘nine-year period’’, and in6 serting in lieu thereof ‘‘thirteen-year period’’,

7 and

8 (B) by striking ‘‘five-year period’’ and in9 serting in lieu thereof ‘‘nine-year period’’.

10 (4) USE OF MILITARY HOUSING.—Section

11 1147(a) of such title 10 is amended—

12 (A) in paragraph (1), by striking ‘‘nine13 year period’’ and inserting in lieu thereof ‘‘thir14 teen-year period’’; and

15 (B) in paragraph (2), by striking ‘‘five16 year period and inserting in lieu thereof ‘‘Nine17 year period’’.

18 (k) CONTINUED ENROLLMENT OF DEPENDENTS IN

19 DEFENSE DEPENDENTS’ EDUCATION SYSTEM.—Section

20 1407(c)(1) of the Defense Dependents’ Education Act of

21 1978 (20 U.S.C. 926(c)(1)) is amended by striking ‘‘nine22 year period’’ and inserting in lieu thereof ‘‘thirteen-year

23 period’’.

24 (l) FORCE REDUCTION TRANSITION PERIOD DEFINI25 TION.—Section 4411 of the National Defense Authoriza-
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1 tion Act for Fiscal Year 1993, as amended, (10 U.S.C.

2 12681 note) is amended by striking ‘‘September 30,

3 1999’’ and inserting in lieu thereof ‘‘September 30,

4 2003’’.

5 (m) TEMPORARY SPECIAL AUTHORITY FOR FORCE

6 REDUCTION PERIOD RETIREMENTS.—Section

7 4416(b)(1), of the National Defense Authorization Act for

8 Fiscal Year 1993, as amended, (10 U.S.C. 12681 note)

9 is amended by striking ‘‘October 1, 1999’’ and inserting

10 in lieu thereof ‘‘October 1, 2003’’.

11 (n) RETIRED PAY FOR NON-REGULAR SERVICE-AGE

12 AND SERVICE REQUIREMENTS.—Section 12731(f) of such

13 title 10 is amended by striking ‘‘September 30, 1999’’ and

14 inserting in lieu thereof ‘‘September 30, 2003’’.

15 (o) RETIRED PAY FOR NON-REGULAR SERVICE-AGE

16 AND SERVICE REQUIREMENTS; TEMPORARY SPECIAL RE17 TIREMENT QUALIFICATION AUTHORITY.—Section 12731a

18 is amended—

19 (1) in subsection (a)(1)(B) by striking ‘‘October

20 1, 1999’’ and inserting in lieu thereof ‘‘October 1,

21 2003’’; and

22 (2) in subsection (b) by striking ‘‘October 1,

23 1999’’ and inserting in lieu thereof ‘‘October 1,

24 2003’’.
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1 (p) REDUCTION OF TIME-IN-GRADE REQUIREMENT

2 FOR RETENTION OF GRADE UPON VOLUNTARY RETIRE3 MENT.—Section 1370(d) of title 10, United States Code,

4 is amended by adding at the end a new paragraph (5)

5 as follows:

6 ‘‘(5) The Secretary of Defense may authorize

7 the Secretary of a Military Department to reduce

8 the three-year period required by paragraph (3)(A)

9 to a period not less than two years in the case of

10 retirements effective during the force reduction tran11 sition period beginning on October 1, 1991, and end12 ing September 30, 2003. The number of officers in

13 an armed force in a grade for whom a reduction is

14 made during any fiscal year in the period of service15 in-grade otherwise required under this paragraph

16 may not exceed the number equal to two percent of

17 the authorized Reserve active status strength for

18 that fiscal year for officers of that armed force in

19 that grade.’’

20 (q) AFFILIATION WITH GUARD AND RESERVE

21 UNITS; WAIVER OF CERTAIN LIMITATIONS.—Section

22 1150(a) of such title 10 is amended by striking ‘‘nine-year

23 period’’ and inserting in lieu thereof ‘‘thirteen-year pe24 riod’’.
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1 (r) TIME AND USE FOR MONTGOMERY G.I. BILL EN2 TITLEMENT.—Section 16133(b)(1)(B) of such title 10 is

3 amended by striking ‘‘September 30, 1999’’ and inserting

4 in lieu thereof ‘‘September 30, 2003’’.

5 (s) EXTENSION OF VOLUNTARY SEPARATION INCEN6 TIVE PAY AUTHORIZATION.—Section 5597(e) of title 5,

7 United States Code, is amended by striking ‘‘September

8 30, 2001’’ and inserting in lieu thereof ‘‘September 30,

9 2003’’.

10 SEC. 203. FEDERAL EMPLOYEE VOLUNTARY EARLY RETIRE11 MENT.

12 (a) IN GENERAL.—Title 5, United States Code, is

13 amended as follows:

14 (1) Section 8336 is amended by striking para15 graph (2) and inserting in lieu thereof the following

16 new paragraph (2):

17 ‘‘(2)(A) has been employed continuously by the

18 agency for more than 30 days prior to the date on

19 which the agency requested the determination under

20 subparagraph (D)(I);

21 ‘‘(B) is serving under an appointment that is

22 not time limited;

23 ‘‘(C) is not in receipt of a decision notice of in24 voluntary separation for misconduct or unacceptable

25 performance; and
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1 ‘‘(D) is separated from the service voluntarily

2 during a period in which—

3 ‘‘(i) under regulations that the Office of

4 Personnel Management shall prescribe, the Of5 fice reviews the request of the agency and de6 termines that—

7 ‘‘(I) the agency (or, if applicable, the

8 component) in which the employee is serv9 ing is undergoing a major reorganization,

10 a major reduction in force, or a major

11 transfer of function; and

12 ‘‘(II) a significant percentage of the

13 employees serving in such agency will be

14 separated or subject to an immediate re15 duction in the rate of basic pay (without

16 regard to subchapter VI of chapter 53, or

17 comparable provisions); and

18 ‘‘(ii) under regulations that the Office shall

19 prescribe, the agency in which the employee is

20 serving determines that the employee is within

21 the scope of the offer of voluntary early retire22 ment, which may be determined on the basis

23 of—

24 ‘‘(I) one or more organizational units;
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1 ‘‘(II) one or more occupational series

2 or levels;

3 ‘‘(III) one or more geographical loca4 tions;

5 ‘‘(IV) other similar non personnel fac6 tors, the Office determines appropriate; or

7 ‘‘(V) any appropriate combination of

8 such factors;’’.

9 (2) Section 8414(b)(1) is amended by striking

10 subparagraph (B) and inserting in lieu thereof the

11 following new subparagraph (B):

12 ‘‘(B)(i) has been employed continuously by

13 the agency for more than 30 days prior to the

14 date on which the agency requested the deter15 mination under clause (iii)(I);

16 ‘‘(ii) in serving under an appointment that

17 is not time limited;

18 ‘‘(iii) is not in receipt of a decision notice

19 of involuntary separation for misconduct or un20 acceptable performance; and

21 ‘‘(iv) is separated from the service volun22 tarily during a period in which—

23 ‘‘(I) under regulations that the Office

24 of Personnel Management shall prescribe,
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1 the Office reviews the request of the agen2 cy and determines that—

3 ‘‘(aa) the agency (or, if applica4 ble, the component) in which the em5 ployee is serving is undergoing a

6 major reorganization, a major reduc7 tion in force, or a major transfer of

8 function; and

9 ‘‘(bb) a significant percentage of

10 the employees serving in such agency

11 will be separated or subject to an im12 mediate reduction in the rate of basic

13 pay (without regard to subchapter VI

14 of chapter 53, or comparable provi15 sions); and

16 ‘‘(II) under regulations that the Office

17 shall prescribe, the agency in which the

18 employee is serving determines that the

19 employee is within the scope of the offer of

20 voluntary early retirement, which may be

21 determined on the basis of—

22 ‘‘(aa) one or more organizational

23 units;

24 ‘‘(bb) one or more occupational

25 series or levels;
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1 ‘‘(cc) one or more geographical

2 locations;

3 ‘‘(dd) other similar non personnel

4 factors, the Office determines appro5 priate; or

6 ‘‘(ee) any appropriate combina7 tion of such factors;’’.

8 (b) EFFECTIVE DATE.—The amendments made by

9 subsection (a) of this section shall take effect on the date

10 of enactment of this Act.

11 TITLE III—GOVERNMENT

12 TRAVEL REFORM

13 SEC. 301. STREAMLINING AND SIMPLIFYING MEMBER-AR14 RANGED MOVEMENT OF HOUSEHOLDS

15 GOODS.

16 Section 406 of title 37, United States Code, is

17 amended—

18 (1) in subsection (b)(1)(A)—

19 (A) by inserting ‘‘or at the member’s re20 quest a monetary allowance in place of the cost

21 of transportation,’’ after ‘‘reimbursement there22 for,’’;

23 (B) by inserting ‘‘This allowance shall pro24 vide an overall cost savings to the Government

25 and may be paid in advance of the transpor-
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1 tation of household effects.’’ after the first sen2 tence; and

3 (C) by adding at the end the following:

4 ‘‘Appropriations available to the Depart5 ment of Defense, the Department of

6 Transportation, and the Department of

7 Health and Human Services for providing

8 transportation of household effects of

9 members of the uniformed service shall be

10 available to pay the authorized monetary

11 allowance. The Secretary concerned may

12 prescribe the manner in which liability will

13 be allocated among the member, the

14 United States, and the contractors involved

15 in the event of loss of or damage to any

16 baggage or household effects arranged by,

17 packed, crated, or loaded by the member.’’;

18 and

19 (2) by striking subsection (j).
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1 SEC. 302. GOVERNMENTAL TRAVEL REFORM: DISPOSITION

2 OF DEFENSE NONAPPROPRIATED FUND

3 TRAVEL SERVICE PAYMENTS WHEN REAL4 IZED THROUGH A JOINT PROCUREMENT

5 WITH APPROPRIATED FUND TRAVEL SERV6 ICES.

7 (a) IN GENERAL.—Chapter 147 of title 10, United

8 States Code, is amended by adding at the end the follow9 ing new section:

10 ‘‘§ 2490b. Acquisition of travel services

11 ‘‘(a) The Secretary of Defense may acquire official

12 and unofficial travel services under a single procurement,

13 provided that such procurement is conducted in accord14 ance with the requirements of chapter 137 of this title.

15 ‘‘(b) Contracts entered into pursuant to a procure16 ment for official and unofficial travel services under sub17 section (a) may provide for credits, discounts, or the pay18 ment of commissions or other fees based on the amount

19 of travel-related sales generated by such services. Any

20 such commissions or fees received by the Department of

21 Defense resulting from official travel-related sales shall be

22 credited to current appropriations or other funds available

23 to fund such travel. Any such commissions or fees result24 ing from unofficial travel-related sales shall be deposited

25 in nonappropriated fund accounts available for the De26 partment’s morale, welfare and recreation programs.
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1 ‘‘(c) For purposes of this section:

2 ‘‘(1) The terms ‘official travel services’ and ‘of3 ficial travel-related sales’ refer to official travel per4 formed at government expense.

5 ‘‘(2) The terms ‘unofficial travel services’ and

6 ‘unofficial travel-related sales’’ refer to personal

7 travel, which is not paid for or reimbursed by the

8 Government.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 at the beginning of chapter 147 of title 10, United States

11 Code, is amended by adding at the end the following new

12 item:

‘‘2490b. Acquisition of travel services.’’.

13 TITLE IV—PROCUREMENT

14 PROVISIONS

15 SEC. 401. AUTHORITY FOR STATISTICAL SAMPLING TO EN16 SURE RECEIPT OF GOODS AND SERVICES.

17 (a) IN GENERAL.—Chapter 141 of title 10, United

18 States Code, is amended by inserting after section 2405

19 the following new section 2406:

20 ‘‘§ 2406. Statistical sampling procedures in the pay21 ment for goods and services before ver22 ification

23 ‘‘(a) VERIFICATION AFTER PAYMENT.—Notwith24 standing section 3324 of title 31, in making payments for

25 goods or services, the Secretary may prescribe regulations
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1 that authorize verification, after payment, of receipt and

2 acceptance of goods and services. Any such regulations

3 shall prescribe the use of statistical sampling procedures

4 for verification and acceptance purposes. Such procedures

5 shall be commensurate with risk of loss to the Govern6 ment.

7 ‘‘(b) PROTECTION OF PAYMENT OFFICIALS.—Pro8 vided that proper collection actions have been executed,

9 a disbursing or certifying official, who relies on the proce10 dures established pursuant to this section, is not liable for

11 losses to the Government resulting from the payment or

12 certification of a voucher not audited specifically because

13 of the use of such procedures.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 for such Chapter 141 is amended by inserting after the

16 item relating to section 2405 the following:

‘‘2406. Statistical sampling procedures in the payment for goods and services

before verification.’’.

17 SEC. 402. AUTHORIZATION FOR CONTRACTOR PARTICIPA18 TION IN TESTING DEFENSE ACQUISITION

19 PROGRAMS.

20 Section 2399 of title 10, United States Code, is

21 amended—

22 (1) by amending paragraph (a)(1) to read as

23 follows:
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1 ‘‘(1) The Secretary of Defense shall provide

2 that a major system may not proceed beyond low3 rate initial production until initial operational test

4 and evaluation of the system is complete.’’;

5 (2) in paragraph (a)(2), by striking ‘‘defense

6 acquisition program’’ and inserting in lieu thereof

7 ‘‘system’’;

8 (3) in subsection (d)—

9 (A) by inserting ‘‘(1)’’ at the beginning of

10 the first sentence;

11 (B) by striking ‘‘defense acquisition pro12 gram’’ and inserting in lieu thereof ‘‘system’’;

13 (C) by making the second sentence a para14 graph and inserting ‘‘(2)’’ at the beginning of

15 such new paragraph;

16 (D) in the newly designated paragraph (2),

17 by striking ‘‘the preceding sentence’’ and insert18 ing in lieu thereof ‘‘paragraph (1)’’; and

19 (E) by adding at the end the following new

20 paragraphs (3) and (4):

21 ‘‘(3) The limitation in paragraph (1) does not

22 apply to the extent that the Secretary of Defense

23 has authorized, as prescribed in regulation, involve24 ment by persons employed by that contractor in the
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1 analytic and logistic support for the operational test

2 and evaluation.

3 ‘‘(4) Exceptions authorized under paragraphs

4 (2) and (3) shall require steps to ensure the impar5 tiality of such employees and the integrity of the

6 testing and evaluation. In any case in which the Sec7 retary authorizes involvement by such employees

8 under this subsection, the Secretary shall include in

9 the test and evaluation master plan for the program

10 concerned and the operational test and evaluation

11 plan the following:

12 ‘‘(A) An identification of the specific in13 volvement of such employees in the operational

14 test and evaluation.

15 ‘‘(B) The steps taken to ensure the impar16 tiality of such employees or to ensure that such

17 employees could not affect the integrity of the

18 test and evaluation.’’;

19 (4) in subsection (e)—

20 (A) by striking ‘‘development, production,

21 or testing of such system’’ and inserting in lieu

22 thereof ‘‘development or production’’; and

23 (B) by amending paragraph (3) to read as

24 follows:
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1 ‘‘(3) A contractor that has participated in

2 (or is participating in) the development or pro3 duction of a system for a military department

4 or Defense Agency (or for another contractor of

5 the Department of Defense) may not be in6 volved (in any way) in the establishment of

7 operational test and evaluation criteria:

8 ‘‘(A) for data collection;

9 ‘‘(B) for performance assessment; or

10 ‘‘(C) for evaluation activities.’’.

11 SEC. 403. USE OF NEGOTIATED SALES IN THE DISPOSAL OF

12 PROPERTY.

13 Section 203(e) of the Federal Property and Adminis14 trative Services Act of 1949 (40 U.S.C. 484(e) is amend15 ed—

16 (1) by revisng paragraph (3) to read as follows:

17 ‘‘(3) Disposals and contracts for disposal may

18 be negotiated, under regulations prescribed by the

19 Administrator, without regard to paragraphs (1) and

20 (2) of this subsection but subject to obtaining such

21 competition as is feasible under the circumstances,

22 if—

23 ‘‘(A) necessary in the public interest dur24 ing a period of national emergency declared by

25 the President or the Congress;
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1 ‘‘(B) the public health, safety or national

2 security will thereby be promoted by a particu3 lar disposal of personal property;

4 ‘‘(C) public exigency will not admit of the

5 delay incident to advertising certain personal

6 property.’’;

7 ‘‘(D) the nature and quantity of the per8 sonal property is such that disposal under para9 graphs (1) and (2) of this section would cause

10 such an impact on an industry or industries as

11 adversely to affect the national economy;

12 ‘‘(E) bid prices after advertising therefore

13 are not reasonable (either as to all or some part

14 of the property) or have not been independently

15 arrived at in open competition;

16 ‘‘(F) with respect to real property only, the

17 character or condition of the property or un18 usual circumstances make it impractical to ad19 vertise publicly for competitive bids and the fair

20 market value of the property and other satisfac21 tory terms of disposal can be obtained by nego22 tiation;

23 ‘‘(G) the disposal will be to States, Terri24 tories, possessions, political subdivisions thereof,

25 or tax-supported agencies therein, and the esti-
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1 mated fair market value of the property and

2 other satisfactory terms of disposal are obtained

3 by negotiation;

4 ‘‘(H) with respect to personal property, the

5 sale would be advantageous to the Government,

6 based on either price alone or price and other

7 factors, including the administrative cost of the

8 sale, as appropriate; or

9 ‘‘(I) the disposal is otherwise authorized by

10 this Act or other law.’’;

11 (2) by striking clause (6)(A)(i); and

12 (3) by redesignating clauses (6)(A)(ii) through

13 (v) as clauses (i) through (iv), respectively.

14 SEC. 404. REPEAL OF CONTRACT FEE LIMITATIONS.

15 (a) KINDS OF CONTRACTS.—Section 2306 of title 10,

16 United States Code, is amended—

17 (1) by striking subsection (d); and

18 (2) by redesignating subsections (e), (f), (g),

19 and (h) as subsections (c), (d), (e), and (f), respec20 tively.

21 (b) ARCHITECTURAL AND ENGINEERING SERV22 ICES.—Section 4540 of such title 10 is amended—

23 (1) by striking subsection (b); and

24 (2) by redesignating subsection (c) as sub25 section (b).
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1 (c) EMPLOYMENT OF OUTSIDE ARCHITECTS AND

2 ENGINEERS.—Section 7212 of such title 10 is amended—

3 (1) by striking subsection (b); and

4 (2) by striking the designator ‘‘(a)’’ at the be5 ginning of the section.

6 (d) ARCHITECTURAL AND ENGINEERING SERV7 ICES.—Section 9540 of such title 10 is amended—

8 (1) by striking subsection (b); and

9 (2) by redesignating subsection (c) as sub10 section (b).

11 SEC. 405. CLARIFICATION THAT THE FEDERAL PROPERTY

12 AND ADMINISTRATIVE SERVICES ACT OF 1949

13 DOES NOT APPLY TO LEASES IN BRAC PROP14 ERTIES.

15 Section 2667(f)(1) of title 10, United States Code,

16 is amended by inserting ‘‘or the Federal Property and Ad17 ministrative Services Act of 1949 (40 U.S.C. 471 et seq.),

18 to the extent inconsistent with this section,’’ after ‘‘Not19 withstanding subsection (a)(3)’’.
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1 TITLE V—OPERATIONS—USE OF

2 RESERVES

3 SEC. 501. RESERVE COMPONENT PREPAREDNESS FOR

4 EMERGENCIES INVOLVING WEAPONS OF

5 MASS DESTRUCTION; EXCLUSION FROM LIMI6 TATIONS ON END-STRENGTHS AND CON7 TROLLED GRADES.

8 (a) END STRENGTHS EXCLUSION.—Section 115(d)

9 of title 10, United States Code, is amended by adding at

10 the end the following new paragraph (8):

11 ‘‘(8) Members of reserve components on active

12 duty and members of the National Guard on full13 time National Guard duty to participate in emer14 gency preparedness programs to respond to an emer15 gency involving the use of a weapon of mass destruc16 tion (defined in section 1402 of the Defense Against

17 Weapons of Mass Destruction Act of 1996 (Public

18 Law 104–201; 110 Stat. 2717; 50 U.S.C.

19 2302(1)).’’.

20 (b) OFFICER CONTROLLED GRADES.—Section 12011

21 of title 10, United States Code, is amended by adding at

22 the end the following new subsection (c):

23 ‘‘(c) Members of reserve components on active duty

24 and members of the National Guard on full-time National

25 Guard duty to participate in emergency preparedness pro-
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1 grams to respond to an emergency involving the use of

2 a weapon of mass destruction (defined in section 1402 of

3 the Defense Against Weapons of Mass Destruction Act of

4 1996 (Public Law 104–201; 110 Stat. 2717; 50 U.S.C.

5 2302(1)) shall not be counted towards the annual end6 strength authorized under this section.’’.

7 (c) ENLISTED CONTROLLED GRADES.—Section

8 12012 of title 10, United States Code, is amended by add9 ing at the end the following new subsection (c):

10 ‘‘(c) Members of reserve components on active duty

11 and members of the National Guard on full-time National

12 Guard duty to participate in emergency preparedness pro13 grams to respond to an emergency involving the use of

14 a weapon of mass destruction (defined in section 1402 of

15 the Defense Against Weapons of Mass Destruction Act of

16 1996 (Public Law 104–201; 110 Stat. 2717; 50 U.S.C.

17 2302(1)) shall not be counted towards the annual end18 strength authorized under this section.’’.

19 SEC. 502. ACTIVE GUARD AND RESERVE PERSONNEL IN

20 SUPPORT OF EMERGENCY PREPAREDNESS

21 PROGRAMS FOR WEAPONS OF MASS DE22 STRUCTION.

23 Section 12310 of title 10, United States Code, is

24 amended by adding at the end the following:
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1 ‘‘(c) Notwithstanding the definition of active guard

2 and reserve duty in section 101(d)(6)(A) of this title, a

3 member of a reserve component on active duty as de4 scribed in subsection (a), or a member of the National

5 Guard serving on full-time National Guard duty under

6 section 502(f) of title 32, United States Code, for duty

7 like that described in subsection (a) may perform any du8 ties in support of emergency preparedness programs to

9 prepare for or to respond to any emergency involving the

10 use of a weapon of mass destruction (defined in section

11 1402 of the Defense Against Weapons of Mass Destruc12 tion Act of 1996 (Public Law 104–201; 110 Stat. 2717;

13 50 U.S.C. 2302(1)). The costs of pay, allowances, cloth14 ing, subsistence, gratuities, travel, and related expenses

15 for a member performing such duties shall be paid from

16 the same appropriation available to pay such costs for

17 other members performing duties under subsection (a).’’.

18 SEC. 503. ORDER TO ACTIVE DUTY OF RESERVE COMPO19 NENTS; EXTENSION OF PERIOD.

20 Section 12301(b) of title 10, United States Code, is

21 amended by inserting ‘‘, except that a unit or member may

22 also be ordered to active duty under this section for an

23 additional 15 days a year provided such duty is for the

24 purpose of assisting in responding to an emergency involv25 ing a weapon of mass destruction as defined in section
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1 1402 of the Defense Against Weapons of Mass Destruc2 tion Act of 1996 (Public Law 104–201; 110 Stat. 2717;

3 50 U.S.C. 2302(1)’’ after ‘‘15 days a year’’.

4 TITLE VI—INTELLIGENCE

5 PERSONNEL MANAGEMENT

6 SEC. 601. DEPARTMENT OF DEFENSE CIVILIAN INTEL7 LIGENCE PERSONNEL SYSTEM CHANGES.

8 (a) AUTHORITY FOR DOD INTELLIGENCE POSI9 TIONS.—Section 1601(a)(1) of such title 10 is amended

10 to read as follows:

11 ‘‘(1) establish, as positions in the excepted serv12 ice, such defense intelligence positions in the Depart13 ment of Defense as the Secretary of Defense deter14 mines necessary to carry out the intelligence func15 tions of the Department including—

16 ‘‘(A) Intelligence Senior Level positions

17 designated under section 1607 of this title; and

18 ‘‘(B) positions in the Defense Intelligence

19 Senior Executive Service;’’.

20 (b) CONFORMING DEFINITION FOR DEFENSE INTEL21 LIGENCE POSITION.—Subsection 1614 of such title 10 is

22 amended to read as follows:

23 ‘‘(1) The term ‘defense intelligence position’

24 means a civilian position as an intelligence officer or
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1 intelligence employee of the Department of De2 fense.’’.

3 SEC. 602. TRANSFER OF EMPLOYEES FROM THE DEFENSE

4 CIVILIAN INTELLIGENCE PERSONNEL SYS5 TEM TO THE COMPETITIVE SERVICE.

6 Section 1601 of title 10, United States Code, is

7 amended—

8 (1) by redesignating subsection (b) as sub9 section (c), and

10 (2) by inserting after subsection (a) the follow11 ing new subsection (b):

12 ‘‘(b) RELATIONSHIP TO TITLE 5 SERVICE.—(1) The

13 Secretary, upon disestablishing a defense intelligence posi14 tion established for at least one year under subsection (a),

15 may reestablish that position as a position under title 5

16 in the competitive service, excepted service, or Senior Ex17 ecutive Service, as appropriate.

18 ‘‘(2) If a position established under subsection (a) is

19 reestablished by the Secretary as a position under title 5,

20 the incumbent of such position may be transferred non21 competitively without a break in service or loss of pay or

22 rank into a competitive service, excepted service, or Senior

23 Executive Service position, as appropriate.

24 ‘‘(3) In the case of a position reestablished under

25 paragraph (1) in the competitive service, the incumbent’s
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1 service in such defense intelligence position established

2 under this title shall be treated as creditable service for

3 purposes of determining the career status of the incum4 bent, as if the incumbent had served in a competitive serv5 ice position.’’; and

6 (3) in subsection (c), as redesignated by this section,

7 by striking ‘‘under subsection (a)’’ and inserting in lieu

8 thereof ‘‘under this section’’.

9 TITLE VII—DEFENSE BASE CLO10 SURE AND REALIGNMENT

11 ACT OF 1998

12 SEC. 701. SHORT TITLE AND PURPOSE.

13 (a) SHORT TITLE.—This part may be cited as the

14 ‘‘Defense Base Closure and Realignment Act of 1998’’.

15 (b) PURPOSE.—The purpose of this part is to provide

16 a fair process that will result in the timely closure and

17 realignment of military installations inside the United

18 States.

19 SEC. 702. THE COMMISSION.

20 (a) ESTABLISHMENT.—There is established an inde21 pendent commission to be known as the ‘‘Defense Base

22 Closure and Realignment Commission’’.

23 (b) DUTIES.—The Commission shall carry out the

24 duties specified for it in this part.
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1 (c) APPOINTMENT.—(1)(A) The Commission shall be

2 composed of eight members appointed by the President,

3 by and with the advice and consent of the Senate.

4 (B) The President shall transmit to the Senate the

5 nominations for appointment to the Commission—

6 (i) by no later than March 15, 2001, in the case

7 of members of the Commission whose terms will ex8 pire at the end of the first session of the 107th Con9 gress; and

10 (ii) by no later than March 15, 2005, in the

11 case of members of the Commission whose terms will

12 expire at the end of the first session of the 109th

13 Congress;

14 (C) If the President does not transmit to Congress

15 the nominations for appointment to the Commission on

16 or before the date specified for 2005 in clause (ii) of sub17 paragraph (B), the process by which military installations

18 may be selected for closure or realignment under this part

19 with respect to that year shall be terminated.

20 (2) In selecting individuals for nominations for ap21 pointments to the Commission, the President should con22 sult with—

23 (A) the Speaker of the House of Representa24 tives concerning the appointment of two members;
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1 (B) the majority leader of the Senate concern2 ing the appointment of two members;

3 (C) the minority leader of the House of Rep4 resentatives concerning the appointment of one

5 member; and

6 (D) the minority leader of the Senate concern7 ing the appointment of one member.

8 (3) At the time the President nominates individuals

9 for appointment to the Commission for each session of

10 Congress referred to in paragraph (1)(B), the President

11 shall designate one such individual who shall serve as

12 Chairman of the Commission.

13 (d) TERMS.—(1) Except as provided in paragraph

14 (2), each member of the Commission shall serve until the

15 adjournment of Congress sine die for the session during

16 which the member was appointed to the Commission.

17 (2) The Chairman of the Commission shall serve until

18 the confirmation of a successor.

19 (e) MEETINGS.—(1) The Commission shall meet only

20 during calendar years 2001 and 2005.

21 (2)(A) Each meeting of the Commission, other than

22 meetings in which classified information is to be discussed,

23 shall be open to public. The Commission shall provide an

24 opportunity for the public to comment, and shall consider

25 any such comments.
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1 (B) All the proceedings, information, and delibera2 tions of the Commission shall be open, upon request, to

3 the following:

4 (i) The Chairman and the ranking minority

5 party member of the Subcommittee on Readiness of

6 the Senate Committee on Armed Services, or such

7 other members of the Subcommittee designated by

8 such Chairman or ranking minority party member.

9 (ii) The Chairman and the ranking minority

10 party member of the Subcommittee on Military In11 stallations and Facilities of the Committee on Na12 tional Security of the House of Representatives, or

13 such other members of the Subcommittee designated

14 by such Chairman or ranking minority party mem15 ber.

16 (iii) The Chairmen and ranking minority party

17 members of the Subcommittees on Military Con18 struction of the Committees on Appropriations of

19 the Senate and of the House of Representatives, or

20 such other members of the Subcommittees des21 ignated by such Chairmen or ranking minority party

22 members.

23 (f) VACANCIES.—A vacancy in the commission shall

24 be filled in the same manner as the original appointment,

25 but the individual appointed to fill the vacancy shall serve
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1 only for the unexpired portion of the term for which the

2 individual’s predecessor was appointed.

3 (g) PAY AND TRAVEL EXPENSES.—(1)(A) Each

4 member, other than the Chairman, shall be paid at a rate

5 equal to the daily equivalent of the minimum annual rate

6 of basic pay payable for level IV of the Executive Schedule

7 under section 5315 of title 5, United States Code, for each

8 day (including travel time) during which the member is

9 engaged in the actual performance of duties vested in the

10 Commission.

11 (B) The Chairman shall be paid for each day referred

12 to in subparagraph (A) at a rate equal to the daily equiva13 lent of the minimum annual rate of basic pay payable for

14 level III of the Executive Schedule under section 5314,

15 of title 5, United States Code.

16 (2) Members shall receive travel expenses, including

17 per diem in lieu of subsistence, in accordance with sections

18 5702 and 5703 of title 5, United States Code.

19 (h) DIRECTOR OF STAFF.—(1) The Commission

20 shall, without regard to section 5311(b) of title 5, United

21 States Code, appoint a Director who has not served on

22 active duty in the Armed Forces or as a civilian employee

23 of the Department of Defense during the one-year period

24 preceding the date of such appointment.
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1 (2) The Director shall be paid at the rate of basic

2 pay payable for level IV of the Executive Schedule under

3 section 5315 of title 5, United States Code.

4 (i) STAFF.—(1) Subject to paragraphs (2) and (3),

5 the Director, with the approval of the Commission, may

6 appoint and fix the pay of additional personnel.

7 (2) The Director may make such appointments with8 out regard to the provisions of title 5, United States Code,

9 governing appointments in the competitive service, and

10 any personnel so appointed may be paid without regard

11 to the provisions of chapter 51 and subchapter III of chap12 ter 53 of that title relating to classification and General

13 Schedule pay rates, except that an individual so appointed

14 may not receive pay in excess of the annual rate of basic

15 pay payable for senior-level positions of the civil service

16 as described in section 5376 of title 5, United States Code.

17 (3)(A) Not more than one-third of the personnel em18 ployed by or detailed to the Commission may be on detail

19 from the Department of Defense.

20 (B)(i) Not more than one-fifth of the professional an21 alysts of the Commission staff may be persons detailed

22 from the Department of Defense to the Commission.

23 (ii) No person detailed from the Department of De24 fense to the Commission may be assigned as the lead pro-
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1 fessional analyst with respect to a military department or

2 defense agency.

3 (C) A person may not be detailed from the Depart4 ment of Defense to the Commission if, within 12 months

5 before the detail is to begin, that person participated per6 sonally and substantially in any matter within the Depart7 ment of Defense concerning the preparation of rec8 ommendations for closures or realignments of military in9 stallations.

10 (D) No member of the Armed Forces, and no officer

11 or employee of the Department of Defense, may—

12 (i) prepare any report concerning the effective13 ness, fitness, or efficiency of the performance on the

14 staff of the Commission of any person detailed from

15 the Department of Defense to that staff;

16 (ii) review the preparation of such a report; or

17 (iii) approve or disapprove such a report.

18 (4) Upon request of the Director, the head of any

19 Federal department or agency may detail any of the per20 sonnel of that department or agency to the Commission

21 to assist the Commission in carrying out its duties under

22 this part.

23 (5) The Comptroller General of the United States

24 shall provide assistance, including the detailing of employ-
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1 ees, to the Commission in accordance with an agreement

2 entered into with the Commission.

3 (6) The following restrictions relating to the person4 nel of the Commission shall apply during 2002 through

5 2004:

6 (A) There may not be more than 15 persons on

7 the staff at any one time.

8 (B) The staff may perform only such functions

9 as are necessary to prepare for the transition to new

10 membership on the Commission in the following

11 year.

12 (C) No member of the Armed Forces and no

13 employee of the Department of Defense may serve

14 on the staff.

15 (j) OTHER AUTHORITY.—(1) The Commission may

16 procure by contract, to the extent funds are available, the

17 temporary or intermittent services of experts or consult18 ants pursuant to section 3109 of title 5, United States

19 Code.

20 (2) The Commission may lease space and acquire per21 sonal property to the extent funds are available.

22 (k) FUNDING.—(1) There are authorized to be appro23 priated to the Commission such funds as are necessary

24 to carry out its duties under this part. Such funds shall

25 remain available until expended.
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1 (2) If no funds are appropriated to the Commission

2 by the 105th Congress, the Secretary of Defense may

3 transfer to the Commission funds from the Department

4 of Defense Base Closure Account established by section

5 2906 of Public Law 101–510. Such funds shall remain

6 available until expended.

7 (l) TERMINATION.—The Commission shall terminate

8 on December 31, 2005.

9 (m) PROHIBITION AGAINST RESTRICTING COMMU10 NICATIONS.—Section 1034 of title 10, United States

11 Code, shall apply with respect to communications with the

12 Commission.

13 SEC. 703. PROCEDURE FOR MAKING RECOMMENDATIONS

14 FOR BASE CLOSURES AND REALIGNMENTS.

15 (a) FORCE-STRUCTURE PLAN.—(1) As part of the

16 budget justification documents submitted to Congress in

17 support of the budget for the Department of Defense for

18 each of the fiscal years 2002 and 2006, the Secretary shall

19 include a force-structure plan for each military depart20 ment based on an assessment by the Secretary of the prob21 able threats to the national security during the six-year

22 period beginning with the fiscal year for which the budget

23 request is made and of the anticipated levels of funding

24 that will be available for national defense purposes during

25 such period.
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1 (2) Such plan shall include, without any reference (di2 rectly or indirectly) to military installations inside the

3 United States that may be closed or realigned under such

4 plan—

5 (A) a description of the assessment referred to

6 in paragraph (1);

7 (B) a description (i) of the anticipated force

8 structure during and at the end of such period for

9 each military department (with specifications of the

10 number and type of units in the active and reserve

11 forces of each such department), and (ii) of the

12 units that will need to be forward based (with a jus13 tification thereof) during and at the end of each

14 such period; and

15 (C) a description of the anticipated implementa16 tion of such force-structure plan.

17 (3) The Secretary shall also transmit a copy of each

18 such force-structure plan to the Commission.

19 (b) SELECTION CRITERIA.—(1) The Secretary shall,

20 by no later than February 29, 2000, publish in the Fed21 eral Register and transmit to the congressional defense

22 committees the criteria proposed to be used by the Depart23 ment of Defense in making recommendations for the clo24 sure or realignment of military installations inside the

25 United States under this part. The Secretary shall provide
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1 an opportunity for public comment on the proposed cri2 teria for a period of at least 30 days and shall include

3 notice of that opportunity in the publication required

4 under the preceding sentence.

5 (2)(A) The Secretary shall, by no later than April 14,

6 2000, publish in the Federal Register and transmit to the

7 congressional defense committees the final criteria to be

8 used in making recommendations for the closure or re9 alignment of military installations inside the United States

10 under this part. Except as provided in subparagraph (B),

11 such criteria shall be the final criteria to be used, making

12 such recommendations unless disapproved by a joint reso13 lution of Congress enacted on or before May 31, 2000.

14 (B) The Secretary may amend such criteria, but such

15 amendments may not become effective until they have

16 been published in the Federal Register, opened to public

17 comment for at least 30 days, and then transmitted to

18 the congressional defense committees in final form by no

19 later than January 15 of the year concerned. Such amend20 ed criteria shall be the final criteria to be used, along with

21 the force-structure plan referred to in subsection (a), in

22 making such recommendations unless disapproved by a

23 joint resolution of Congress enacted on or before February

24 15 of the year concerned.
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1 (c) SECRETARY OF DEFENSE RECOMMENDATIONS.—

2 (1) The Secretary may, by no later than May 15, 2001,

3 and May 16, 2005, publish in the Federal Register and

4 transmit to the congressional defense committees and to

5 the Commission a list of the military installations inside

6 the United States that the Secretary recommends for clo7 sure or realignment on the basis of the force-structure

8 plan and the final criteria referred to in subsection (b)

9 that are applicable to the year concerned.

10 (2) The Secretary shall include, with the list of rec11 ommendations published and transmitted pursuant to

12 paragraph (1), a summary of the selection process that

13 resulted in the recommendation for each installation, in14 cluding a justification for each recommendation and an

15 evaluation discussing each of the final selection criteria es16 tablished pursuant to section 703(b). The Secretary shall

17 transmit the matters referred to in the preceding sentence

18 not later than 7 days after the date of the transmittal

19 to the congressional defense committees and the Commis20 sion of the list referred to in paragraph (1).

21 (3)(A) In considering military installations for clo22 sure or realignment, the Secretary shall consider all mili23 tary installations inside the United States equally without

24 regard to whether the installation has been previously con-
48

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1 sidered or proposed for closure or realignment by the De2 partment.

3 (B) In considering military installations for closure

4 or realignment, the Secretary may not take into account

5 for any purpose any advance conversion planning under6 taken by an affected community with respect to the antici7 pated closure or realignment of an installation.

8 (C) For purposes of subparagraph (B), in the case

9 of a community anticipating the economic effects of a clo10 sure or realignment of a military installation, advance con11 version planning—

12 (i) shall include community adjustment and eco13 nomic diversification planning undertaken by the

14 community before an anticipated selection of a mili15 tary installation in or near the community for clo16 sure or realignment; and

17 (ii) may include the development of contingency

18 redevelopment plans, plans for economic develop19 ment and diversification, and plans for the joint use

20 (including civilian and military use, public and pri21 vate use, civilian dual use, and civilian shared use)

22 of the property or facilities of the installation after

23 the anticipated closure or realignment.

24 (4) In addition to making all information used by the

25 Secretary to prepare the recommendations under this sub-
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1 section available to Congress (including any committee or

2 member of Congress), the Secretary shall also make such

3 information available to the Commission and the Comp4 troller General of the United States.

5 (5)(A) Each person referred to in subparagraph (B),

6 when submitting information to the Secretary of Defense

7 or the Commission concerning the closure or realignment

8 of a military installation, shall certify that such informa9 tion is accurate and complete to the best of that person’s

10 knowledge and belief.

11 (B) Subparagraph (A) applies to the following per12 sons:

13 (i) The Secretaries of the military departments.

14 (ii) The heads of the Defense Agencies.

15 (iii) Each person who is in a position the duties

16 of which include personal and substantial involve17 ment in the preparation and submission of informa18 tion and recommendations concerning the closure or

19 realignment of military installations, as designated

20 in regulations which the Secretary of Defense shall

21 prescribe, regulations which the Secretary of each

22 military department shall prescribe for personnel

23 within that military department, or regulations

24 which the head of each Defense Agency shall pre25 scribe for personnel within that Defense Agency.
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1 (6) Any information provided to the Commission by

2 a person described in paragraph (5)(B) shall also be sub3 mitted to the Senate and the House of Representatives

4 to be made available to the Members of the House con5 cerned in accordance with the rules of that House. The

6 information shall be submitted to the Senate and House

7 of Representatives within 48 hours after the submission

8 of the information to the Commission.

9 (d) REVIEW AND RECOMMENDATIONS BY THE COM10 MISSION.—(1) After receiving the recommendations from

11 the Secretary pursuant to subsection (c) for any year, the

12 Commission shall conduct public hearings on the rec13 ommendations. All testimony before the Commission at a

14 public hearing conducted under this paragraph shall be

15 presented under oath.

16 (2)(A) The Commission shall, by no later than Sep17 tember 6 of each year in which the Secretary transmits

18 recommendations to it pursuant to subsection (c), trans19 mit to the President a report containing the Commission’s

20 findings and conclusions based on a review and analysis

21 of the recommendations made by the Secretary, together

22 with the Commission’s recommendations for closures and

23 realignments of military installations inside the United

24 States.
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1 (B) Subject to subparagraph (C), in making its rec2 ommendations, the Commission may make changes in any

3 of the recommendations made by the Secretary if the

4 Commission determines that the Secretary deviated sub5 stantially from the force-structure plan and final criteria

6 referred to in subsection (c)(1) in making recommenda7 tions.

8 (C) In the case of a change described in subpara9 graph (D) in the recommendations made by the Secretary,

10 the Commission may make the change only if the Commis11 sion—

12 (i) makes the determination required by sub13 paragraph (B);

14 (ii) determines that the change is consistent

15 with the force-structure plan and final criteria re16 ferred to in subsection (c)(1);

17 (iii) publishes a notice of the proposed change

18 in the Federal Register not less than 45 days before

19 transmitting its recommendations to the President

20 pursuant to paragraph (2); and

21 (iv) conducts public hearings on the proposed

22 change.

23 (D) Subparagraph (C) shall apply to a change by the

24 Commission in the Secretary’s recommendations that

25 would—
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1 (i) add a military installation to the list of mili2 tary installations recommended by the Secretary for

3 closure;

4 (ii) add a military installation to the list of mili5 tary installations recommended by the Secretary for

6 realignment; or

7 (iii) increase the extent of a realignment of a

8 particular military installation recommended by the

9 Secretary.

10 (E) In making recommendations under this para11 graph, the Commission may not take into account for any

12 purpose any advance conversion planning undertaken by

13 an affected community with respect to the anticipated clo14 sure or realignment of a military installation.

15 (3) The Commission shall explain and justify in its

16 report submitted to the President pursuant to paragraph

17 (2) any recommendations made by the Commission that

18 is different from the recommendations made by the Sec19 retary pursuant to subsection (c). The Commission shall

20 transmit a copy of such report to the congressional defense

21 committees on the same date on which it transmits its rec22 ommendations to the President under paragraph (2).

23 (4) After September 6 of each year in which the Com24 mission transmits recommendations to the President

25 under this subsection: the Commission shall promptly pro-
53

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1 vide, upon request, to any Member of Congress informa2 tion used by the Commission in making its recommenda3 tions.

4 (5) The Comptroller General of the United States

5 shall—

6 (A) assist the Commission, to the extent re7 quested, in the Commission’s review and analysis of

8 the recommendations made by the Secretary pursu9 ant to subsection (C); and

10 (B) by no later than June 15 of each year in

11 which the Secretary makes such recommendations,

12 transmit to the Congress and to the Commission a

13 report containing a detailed analysis of the Sec14 retary’s recommendations and selection process.

15 (e) REVIEW BY THE PRESIDENT.—(1) The President

16 shall, by no later than September 21 of each year in which

17 the Commission makes recommendations under subsection

18 (d), transmit to the Commission and to the Congress a

19 report containing the President’s approval or disapproval

20 of the Commission’s recommendations.

21 (2) If the President approves all the recommenda22 tions of the Commission, the President shall transmit a

23 copy of such recommendations to the Congress, together

24 with a certification of such approval.
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1 (3) If the President disapproves the recommendations

2 of the Commission, in whole or in part, the President shall

3 transmit to the Commission and the Congress the reasons

4 for that disapproval. The Commission shall then transmit

5 to the President, by no later than October 24 of the year

6 concerned, a revised list of recommendations for the clo7 sure and realignment of military installations.

8 (4) If the President approves all of the revised rec9 ommendations of the Commission transmitted to the

10 President under paragraph (3), the President shall trans11 mit a copy of such revised recommendations to the Con12 gress, together with a certification of such approval.

13 (5) If the President does not transmit to the Con14 gress an approval and certification described in paragraph

15 (2) or (4) by November 7 of any year in which the Com16 mission has transmitted recommendations to the Presi17 dent under this part, the process by which military instal18 lations may be selected for closure or realignment under

19 this part with respect to that year shall be terminated.

20 SEC. 704. CLOSURE AND REALIGNMENT OF MILITARY IN21 STALLATIONS.

22 (a) IN GENERAL.—Subject to subsection (b), the Sec23 retary shall—

24 (1) close all military installations recommended

25 for closure by the Commission in each report trans-
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1 mitted to the Congress by the President pursuant to

2 section 703(e);

3 (2) realign all military installations rec4 ommended for realignment by such Commission in

5 each such report;

6 (3) initiate all such closures and realignments

7 no later than two years after the date on which the

8 President transmits a report to the Congress pursu9 ant to section 703(e) containing the recommenda10 tions for such closures or realignments; and

11 (4) complete all such closures and realignments

12 no later than the end of the six-year period begin13 ning on the date on which the President transmits

14 the report pursuant to section 703(e) containing the

15 recommendations for such closures or realignments.

16 (b) CONGRESSIONAL DISAPPROVAL.—(1) The Sec17 retary may not carry out any closure or realignment rec18 ommended by the Commission in a report transmitted

19 from the President pursuant to section 703(e) if a joint

20 resolution is enacted, in accordance with the provisions of

21 section 708, disapproving such recommendations of the

22 Commission before the earlier of—

23 (A) the end of the 45-day period beginning on

24 the date on which the President transmits such re25 port; or
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1 (B) the adjournment of Congress sine die for

2 the session during which such report is transmitted.

3 (2) For purposes of paragraph (1) of this subsection

4 and subsections (a) and (c) of section 708, the days on

5 which either House of Congress is not in session because

6 of adjournment of more than three days to a day certain

7 shall be excluded in the computation of a period.

8 SEC. 705. IMPLEMENTATION

9 (a) IN GENERAL.—(1) In closing or realigning any

10 military installation under this part, the Secretary may—

11 (A) take such actions as may be necessary to

12 close or realign any military installation, including

13 the acquisition of such land, the construction of such

14 replacement facilities, the performance of such ac15 tivities, and the conduct of such advance planning

16 and design as may be required to transfer functions

17 from a military installation being closed or realigned

18 to another military installation, and may use for

19 such purpose funds in the Account or funds appro20 priated to the Department of Defense for use in

21 planning and design, minor construction, or oper22 ation and maintenance;

23 (B) provide—
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1 (i) economic adjustment assistance to any

2 community located near a military installation

3 being closed or realigned, and

4 (ii) community planning assistance to any

5 community located near a military installation

6 to which functions will be transferred as a re7 sult of the closure or realignment of a military

8 installation,

9 if the Secretary of Defense determines that the fi10 nancial resources available to the community (by

11 grant or otherwise) for such purposes are inad12 equate, and may use for such purposes funds in the

13 Account or funds appropriated to the Department of

14 Defense for economic adjustment assistance or com15 munity planning assistance;

16 (C) carry out activities for the purposes of envi17 ronmental restoration and mitigation at any such in18 stallation, and shall use for such purposes funds in

19 the Account.

20 (D) provide outplacement assistance to civilian

21 employees employed by the Department of Defense

22 at military installations being closed or realigned,

23 and may use for such purpose funds in the Account

24 or funds appropriated to the Department of Defense

25 for outplacement assistance to employees; and
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1 (E) reimburse other Federal agencies for ac2 tions performed at the request of the Secretary with

3 respect to any such closure or realignment, and may

4 use for such purpose funds in the Account or funds

5 appropriated to the Department of Defense and

6 available for such purpose.

7 (2) In carrying out any closure or realignment under

8 this part, the Secretary shall ensure that environmental

9 restoration of any property made excess to the needs of

10 the Department of Defense as a result of such closure or

11 realignment be carried out as soon as possible with funds

12 available for such purpose.

13 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.—

14 (1) The Administrator of General Services shall delegate

15 to the Secretary of Defense, with respect to excess and

16 surplus real property, facilities, and personal property lo17 cated at a military installation closed or realigned under

18 this part—

19 (A) the authority of the Administrator to utilize

20 excess property under section 202 of the Federal

21 Property and Administrative Services Act of 1949

22 (40 U.S.C. 483);

23 (B) the authority of the Administrator to dis24 pose of surplus property under section 203 of that

25 Act (40 U.S.C. 484);
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1 (C) the authority to dispose of surplus property

2 for public airports under sections 47151 through

3 47153 of title 49, United States Code; and

4 (D) the authority of the Administrator to deter5 mine the availability of excess or surplus real prop6 erty for wildlife conservation purposes in accordance

7 with the Act of May 19, 1948 (16 U.S.C. 667b).

8 (2)(A) Subject to subparagraph (B) and paragraphs

9 (3), (4), (5), and (6), the Secretary of Defense shall exer10 cise the authority delegated to the Secretary pursuant to

11 paragraph (1) in accordance with—

12 (i) all regulations governing the utilization of

13 excess property and the disposal of surplus property

14 under the Federal Property and Administrative

15 Services Act of 1949; and

16 (ii) all regulations governing the conveyance

17 and disposal of property under section 13(g) of the

18 Surplus Property Act of 1944 (50 U.S.C. App.

19 1622(g)).

20 (B) The Secretary may, with the concurrence of the

21 Administrator of General Services—

22 (i) prescribe general policies and methods for

23 utilizing excess property and disposal of surplus

24 property pursuant to the authority delegated under

25 paragraph (1); and
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1 (ii) issue regulations relating to such policies

2 and methods, which shall supersede the regulations

3 referred to in subparagraph (A) with respect to that

4 authority.

5 (C) The Secretary of Defense may transfer real prop6 erty or facilities located at a military installation to be

7 closed or realigned under this part, with or without reim8 bursement, to a military department or other entity (in9 cluding a nonappropriated fund instrumentality) within

10 the Department of Defense or the Coast Guard.

11 (D) Before any action may be taken with respect to

12 the disposal of any surplus real property or facility located

13 at any military installation to be closed or realigned under

14 this part, the Secretary of Defense shall consult with the

15 Governor of the State and the heads of the local govern16 ments concerned for the purpose of considering any plan

17 for the use of such property by the local community con18 cerned.

19 (3)(A) Not later than 6 months after the date of ap20 proval of the closure or realignment of a military installa21 tion under this part, the Secretary, in consultation with

22 the redevelopment authority with respect to the installa23 tion, shall—

24 (i) inventory the personal property located at

25 the installation; and
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1 (ii) identify the items (or categories of items) of

2 such personal property that the Secretary deter3 mines to be related to real property and anticipates

4 will support the implementation of the redevelop5 ment plan with respect to the installation.

6 (B) If no redevelopment authority referred to in sub7 paragraph (A) exists with respect to an installation, the

8 Secretary shall consult with—

9 (i) the local government in whose jurisdiction

10 the installation is wholly located; or

11 (ii) a local government agency or State govern12 ment agency designated for the purpose of such con13 sultation by the chief executive officer of the State

14 in which the installation is located.

15 (C)(i) Except as provided in subparagraphs (E) and

16 (F), the Secretary may not carry out any of the activities

17 referred to in clause (ii) with respect to an installation

18 referred to in that clause until the earlier of—

19 (I) one week after the date on which the rede20 velopment plan for the installation is submitted to

21 the Secretary;

22 (II) the date on which the redevelopment au23 thority notifies the Secretary that it will not submit

24 such a plan;
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1 (III) twenty-four months after the date of ap2 proval of the closure or realignment of the installa3 tion; or

4 (IV) ninety days before the date of the closure

5 or realignment of the installation.

6 (ii) The activities referred to in clause (i) are activi7 ties relating to the closure or realignment of an installa8 tion to be closed or realigned under this part as follows:

9 (I) The transfer from the installation of items

10 of personal property at the installation identified in

11 accordance with subparagraph (A).

12 (II) The reduction in maintenance and repair of

13 facilities or equipment located at the installation

14 below the minimum levels required to support the

15 use of such facilities or equipment for nonmilitary

16 purposes.

17 (D) Except as provided in paragraph (4), the Sec18 retary may not transfer items of personal property located

19 at an installation to be closed or realigned under this part

20 to another installation, or dispose of such items, if such

21 items are identified in the redevelopment plan for the in22 stallation. In connection with the development of the rede23 velopment plan for the installation, the Secretary shall

24 consult with the entity responsible for developing the rede25 velopment plan to identify the items of personal property
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1 located at the installation, if any, that the entity desires

2 to be retained at the installation for reuse or development

3 of the installation.

4 (E) This paragraph shall not apply to any personal

5 property located at an installation to be closed or realigned

6 under this part if the property—

7 (i) is required for the operation of a unit, func8 tion, component, weapon, or weapons system at an9 other installation;

10 (ii) is uniquely military in character, and is

11 likely to have no civilian use (other than use for its

12 material content or as a source of commonly used

13 components);

14 (iii) is not required for the reutilization or rede15 velopment of the installation (as jointly determined

16 by the Secretary and the redevelopment authority);

17 (iv) is stored at the installation for purposes of

18 distribution (including spare parts or stock items);

19 or

20 (v)(I) meets known requirements of an author21 ized program of another Federal department or

22 agency for which expenditures for similar property

23 would be necessary, and (II) is the subject of a writ24 ten request by the head of the department or agen25 cy.
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1 (F) Notwithstanding subparagraphs (C)(i) and (D),

2 the Secretary may carry out any activity referred to in

3 subparagraph (C)(ii) or (D) if the Secretary determines

4 that the carrying out of such activity is in the national

5 security interest of the United States.

6 (4)(A) The Secretary may transfer real property and

7 personal property located at a military installation to be

8 closed or realigned under this part to the redevelopment

9 authority with respect to the installation.

10 (B)(i)(I) Except as provided in clause (ii), the trans11 fer of property under subparagraph (A) may be for consid12 eration at or below the estimated fair market value of the

13 property transferred or without consideration. Such con14 sideration may include consideration in kind (including

15 goods and services), real property and improvements, or

16 such other consideration as the Secretary considers appro17 priate. The Secretary shall determine the estimated fair

18 market value of the property to be transferred under this

19 subparagraph before carrying out such transfer.

20 (II) The Secretary shall prescribe regulations that set

21 forth guidelines for determining the amount, if any, of

22 consideration required for a transfer under this para23 graph. Such regulations, shall include a requirement that,

24 in the case of each transfer under this paragraph for con25 sideration below the estimated fair market value of the
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1 property transferred, the Secretary provide an explanation

2 why the transfer is not for the estimated fair market value

3 of the property transferred (including an explanation why

4 the transfer cannot be carried out in accordance with the

5 authority provided to the Secretary pursuant to paragraph

6 (1) or (2)).

7 (ii) The transfer of property under subparagraph

8 (A)) shall be without consideration in the case of any in9 stallation located in a rural area whose closure or realign10 ment under this part will have a substantial adverse im11 pact (as determined by the Secretary) on the economy of

12 the communities in the vicinity of the installation and on

13 the prospect for the economic recovery of such commu14 nities from such closure or realignment. The Secretary

15 shall prescribe in the regulations under clause (i)(II) the

16 manner of determining whether communities are eligible

17 for the transfer of property under this clause.

18 (iii) In the case of a transfer under subparagraph (A)

19 for consideration below the fair market value of the prop20 erty transferred, the Secretary may recoup from the trans21 feree of such property such portion as the Secretary deter22 mines appropriate of the amount, if any, by which the sale

23 or lease of such property by such transferee exceeds the

24 amount of consideration paid to the Secretary for such

25 property by such transferee. The Secretary shall prescribe
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1 regulations for determining the amount of recoupment

2 under this clause.

3 (C)(i) The Secretary may transfer real property at

4 an installation approved for closure or realignment under

5 this part (including property at an installation approved

6 for realignment which will be retained by the Department

7 of Defense or another Federal agency after realignment)

8 to the redevelopment authority for the installation if the

9 redevelopment authority agrees to lease, directly upon

10 transfer, one or more portions of the property transferred

11 under this subparagraph to the Secretary or to the head

12 of another department or agency of the Federal Govern13 ment. Subparagraph (B) shall apply to a transfer under

14 this subparagraph.

15 (ii) A lease under clause (i) shall be for a term of

16 not to exceed 50 years, but may provide for options for

17 renewal or extension of the term by the department or

18 agency concerned.

19 (iii) A lease under clause (i) may not require rental

20 payments by the United States.

21 (iv) A lease under clause (i) shall include a provision

22 specifying that if the department or agency concerned

23 ceases requiring the use of the leased property before the

24 expiration of the term of the lease, the remainder of the

25 lease term may be satisfied by the same or another depart-
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1 ment or agency of the Federal Government using the prop2 erty for a use similar to the use under the lease. Exercise

3 of the authority provided by this clause shall be made in

4 consultation with the redevelopment authority concerned.

5 (D)(i) The transfer of personal property under sub6 paragraph (A) shall not be subject to the provisions of

7 sections 202 and 203 of the Federal Property and Admin8 istrative Services Act of 1949 (40 U.S.C. 483, 484) if the

9 Secretary determines that the transfer of such property

10 is necessary for the effective implementation of a redevel11 opment plan with respect to the installation at which such

12 property is located.

13 (ii) The Secretary may, in lieu of the transfer of prop14 erty referred to in subparagraph (A), transfer property

15 similar to such property (including property not located

16 at the installation) if the Secretary determines that the

17 transfer of such similar property is in the interest of the

18 United States.

19 (E) The provisions of section 120(h) of the Com20 prehensive Environmental Response, Compensation, and

21 Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to

22 any transfer of real property under this paragraph.

23 (F) The Secretary may require any additional terms

24 and conditions in connection with a transfer under this
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1 paragraph as such Secretary considers appropriate to pro2 tect the interests of the United States.

3 (5)(A) Except as provided in subparagraph (B), the

4 Secretary shall take such actions as the Secretary deter5 mines necessary to ensure that final determinations under

6 paragraph (1) regarding whether another department or

7 agency of the Federal Government has identified a use for

8 any portion of a military installation to be closed or re9 aligned under this part, or will accept transfer of any por10 tion of such installation, are made not later than 6 months

11 after the date of approval of closure or realignment of that

12 installation.

13 (B) The Secretary may, in consultation with the rede14 velopment authority with respect to an installation, post15 pone making the final determinations referred to in sub16 paragraph (A) with respect to the installation for such pe17 riod as the Secretary determines appropriate if the Sec18 retary determines that such postponement is in the best

19 interests of the communities affected by the closure or re20 alignment of the installation.

21 (6)(A) The disposal of buildings and property located

22 at installations approved for closure or realignment under

23 this part shall be carried out in accordance with this para24 graph.
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1 (B)(i) Not later than the date on which the Secretary

2 of Defense completes the final determinations referred to

3 in paragraph (5) relating to the use or transferability of

4 any portion of an installation covered by this paragraph,

5 the Secretary shall—

6 (I) identify the buildings and property at the

7 installation for which the Department of Defense

8 has a use, for which another department or agency

9 of the Federal Government has identified a use, or

10 of which another department or agency will accept

11 a transfer;

12 (II) take such actions as are necessary to iden13 tify any building or property at the installation not

14 identified under subclause (I) that is excess property

15 or surplus property;

16 (III) submit to the Secretary of Housing and

17 Urban Development and to the redevelopment au18 thority for the installation (or the chief executive of19 ficer of the State in which the installation is located

20 if there is no redevelopment authority for the instal21 lation at the completion of the determination de22 scribed in the stem of this sentence) information on

23 any building or property that is identified under sub24 clause (II); and
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1 (IV) publish in the Federal Register and in a

2 newspaper of general circulation in the communities

3 in the vicinity of the installation information on the

4 buildings and property identified under subclause

5 (II).

6 (ii) Upon the recognition of a redevelopment author7 ity for an installation covered by this paragraph, the Sec8 retary of Defense shall publish in the Federal Register and

9 in a newspaper of general circulation in the communities

10 in the vicinity of the installation information on the rede11 velopment authority.

12 (C)(i) State and local governments, representatives of

13 the homeless, and other interested parties located in the

14 communities in the vicinity of an installation covered by

15 this paragraph shall submit to the redevelopment author16 ity for the installation a notice of the interest, if any, of

17 such governments, representatives, and parties in the

18 buildings or property, or any portion thereof, at the instal19 lation that are identified under subparagraph (B)(i)(II).

20 A notice of interest under this clause shall describe the

21 need of the government, representative, or party concerned

22 for the buildings or property covered by this notice.

23 (ii) The redevelopment authority for an installation

24 shall assist the governments, representatives, and parties
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1 referred to in clause (i) in evaluating buildings and prop2 erty at the installation for purposes of this subparagraph.

3 (iii) In providing assistance under clause (ii), a rede4 velopment authority shall—

5 (I) consult with representatives of the homeless

6 in the communities in the vicinity of the installation

7 concerned; and

8 (II) undertake outreach efforts to provide infor9 mation on the buildings and property to representa10 tives of the homeless, and to other persons or enti11 ties interested in assisting the homeless, in such

12 communities.

13 (iv) It is the sense of the Congress that redevelop14 ment authorities should begin to conduct outreach efforts

15 under clause (iii)(II) with respect to an installation as

16 soon as is practicable after the date of approval of closure

17 or realignment of the installation.

18 (D)(i) State and local governments, representatives

19 of the homeless, and other interested parties shall submit

20 a notice of interest to a redevelopment authority under

21 subparagraph (C) not later than the date specified for

22 such notice by the redevelopment authority.

23 (ii) The date specified under clause (i) shall be—

24 (I) in the case of an installation for which a re25 development authority has been recognized as of the
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1 date of the completion of the determinations referred

2 to in paragraph (5), not earlier than 3 months and

3 not later than 6 months after the date of publication

4 of such determination in a newspaper of general cir5 culation in the communities in the vicinity of the in6 stallation, as required by section

7 705(b)(6)(D)(iii)(I); and

8 (II) in the case of an installation for which a

9 redevelopment authority is not recognized as such

10 date, not earlier than 3 months and not later than

11 6 months after the date of the recognition of a rede12 velopment authority for the installation.

13 (iii) Upon specifying a date for an installation under

14 this subparagraph, the redevelopment authority for the in15 stallation shall—

16 (I) publish the date specified and other require17 ments for purposes of submitting notices of interest

18 in a newspaper of general circulation in the commu19 nities in the vicinity of the installation concerned;

20 and

21 (II) notify the Secretary of Defense of the date.

22 (E)(i) In submitting to a redevelopment authority

23 under subparagraph (C) a notice of interest in the use

24 of buildings or property at an installation to assist the
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1 homeless, a representative of the homeless shall submit the

2 following:

3 (I) A description of the homeless assistance

4 program that the representative proposes to carry

5 out at the installation.

6 (II) An assessment of the need for the program.

7 (III) A description of the extent to which the

8 program is or will be coordinated with other home9 less assistance programs in the communities in the

10 vicinity of the installation.

11 (IV) A description of the buildings and property

12 at the installation that are necessary in order to

13 carry out the program.

14 (V) A description of the financial plan, the or15 ganization, and the organizational capacity of the

16 representative to carry out the program.

17 (VI) An assessment of the time required in

18 order to commence carrying out the program.

19 (ii) A redevelopment authority may not release to the

20 public any information submitted to the redevelopment au21 thority under clause (i)(V) without the consent of the rep22 resentative of the homeless concerned unless such release

23 is authorized under Federal law and under the law of the

24 State and communities in which the installation concerned

25 is located.
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1 (F)(i) The redevelopment authority for each installa2 tion covered by this paragraph shall prepare a redevelop3 ment plan for the installation. The redevelopment author4 ity shall, in preparing the plan, consider the interests in

5 the use to assist the homeless of the buildings and prop6 erty at the installation that are expressed in the notices

7 submitted to the redevelopment authority under subpara8 graph (C).

9 (ii)(I) In connection with a redevelopment plan for

10 an installation, a redevelopment authority and representa11 tives of the homeless shall prepare legally binding agree12 ments that provide for the use to assist the homeless of

13 buildings and property, resources, and assistance on or off

14 the installation. The implementation of such agreements

15 shall be contingent upon the decision regarding the dis16 posal of the buildings and property covered by the agree17 ments by the Secretary of Defense under subparagraph

18 (K) or (L).

19 (II) Agreements under this clause shall provide for

20 the reversion to the redevelopment authority concerned, or

21 to such other entity or entities as the agreements shall

22 provide, of buildings and poverty that are made available

23 under this paragraph for use to assist the homeless in the

24 event that such buildings and property cease being used

25 for that purpose.
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1 (iii) A redevelopment authority shall provide oppor2 tunity for public comment on a redevelopment plan before

3 submission of the plan to the Secretary of Defense and

4 the Secretary of Housing and Urban Development under

5 subparagraph (G).

6 (iv) A redevelopment authority shall complete prepa7 ration of a redevelopment plan for an installation and sub8 mit the plan under subparagraph (G) not later than 9

9 months after the date specified by the redevelopment au10 thority for the installation under subparagraph (D).

11 (G)(i) Upon completion of a redevelopment plan

12 under subparagraph (F), a redevelopment authority shall

13 submit an application containing the plan to the Secretary

14 of Defense and to the Secretary of Housing and Urban

15 Development.

16 (ii) A redevelopment authority shall include in an ap17 plication under clause (i) the following:

18 (I) A copy of the redevelopment plan, including

19 a summary of any public comments on the plan re20 ceived by the redevelopment authority under sub21 paragraph (F)(iii).

22 (II) A copy of each notice of interest of use of

23 buildings and property to assist the homeless that

24 was submitted to the redevelopment authority under

25 subparagraph (C), together with a description of the
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1 manner, if any, in which the plan addresses the in2 terest expressed in each such notice and, if the plan

3 does not address such an interest, an explanation

4 why the plan does not address the interest.

5 (III) A summary of the outreach undertaken by

6 the redevelopment authority under subparagraph

7 (C)(iii)(II) in preparing the plan.

8 (IV) A statement identifying the representatives

9 of the homeless and the homeless assistance plan10 ning boards, if any, with which the redevelopment

11 authority consulted in preparing the plan, and the

12 results of such consultations.

13 (V) An assessment of the manner in which the

14 redevelopment plan balances the expressed needs of

15 the homeless and the need of the communities in the

16 vicinity of the installation for economic redevelop17 ment and other development.

18 (VI) Copies of the agreements that the redevel19 opment authority proposes to enter into under sub20 paragraph (F)(ii).

21 (H)(i) Not later than 60 days after receiving a rede22 velopment plan under subparagraph (G), the Secretary of

23 Housing and Urban Development shall complete a review

24 of the plan. The purpose of the review is to determine
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1 whether the plan, with respect to the expressed interest

2 and requests of representatives of the homeless—

3 (I) takes into consideration the size and nature

4 of the homeless population in the communities in the

5 vicinity of the installation, the availability of existing

6 services in such communities to meet the needs of

7 the homeless in such communities, and the suit8 ability of the buildings and property covered by the

9 plan for the use and needs of the homeless in such

10 communities;

11 (II) takes into consideration any economic im12 pact of the homeless assistance under the plan on

13 the communities in the vicinity of the installation;

14 (III) balances in an appropriate manner the

15 needs of the communities in the vicinity of the in16 stallation for economic redevelopment and other de17 velopment with the needs of the homeless in such

18 communities;

19 (IV) was developed in consultation with rep20 resentatives of the homeless and the homeless assist21 ance planning boards, if any, in the communities in

22 the vicinity of the installation ; and

23 (V) specifies the manner in which buildings and

24 property, resources, and assistance on or off the in-
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1 stallation will be made available for homeless assist2 ance purposes.

3 (ii) It is the sense of Congress that the Secretary of

4 Housing and Urban Development shall, in completing the

5 review of a plan under this subparagraph, take into con6 sideration and be receptive to the predominant views on

7 the plan of the communities in the vicinity of the installa8 tion covered by the plan.

9 (iii) The Secretary of Housing and Urban Develop10 ment may engage in negotiations and consultations with

11 a redevelopment authority before or during the course of

12 a review under clause (i) with a view toward resolving any

13 preliminary determination of the Secretary that a redevel14 opment plan does not meet a requirement set forth in that

15 clause. The redevelopment authority may modify the rede16 velopment plan as a result of such negotiations and con17 sultations.

18 (iv) Upon completion of a review of a redevelopment

19 plan under clause (i) the Secretary of Housing and Urban

20 Development shall notify the Secretary of Defense and the

21 redevelopment authority concerned of the determination of

22 the Secretary of Housing and Urban Development under

23 that clause.

24 (v) If the Secretary of Housing and Urban Develop25 ment determines as a result of such a review that a rede-
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1 velopment plan does not meet the requirements set forth

2 in clause (i), a notice under clause (iv) shall include—

3 (I) an explanation of that determination; and

4 (II) a statement of the actions that the redevel5 opment authority must undertake in order to ad6 dress that determination.

7 (I)(i) Upon receipt of a notice under subparagraph

8 (H)(iv) of a determination that a redevelopment plan does

9 not meet a requirement set forth in subparagraph (H)(i),

10 a redevelopment authority shall have the opportunity to—

11 (I) revise the plan in order to address the deter12 mination; and

13 (II) submit the revised plan to the Secretary of

14 Defense and the Secretary of Housing and Urban

15 Development.

16 (ii) A redevelopment authority shall submit a revised

17 plan under this subparagraph to such Secretaries, if at

18 all, not later than 90 days after the date on which the

19 redevelopment authority receives the notice referred to in

20 clause (i).

21 (J)(i) Not later than 30 days after receiving a revised

22 redevelopment plan under subparagraph (I), the Secretary

23 of Housing and Urban Development shall review the re24 vised plan and determine if the plan meets the require25 ments set forth in subparagraph (H)(i).
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1 (ii) The Secretary of Housing and Urban Develop2 ment shall notify the Secretary of Defense and the redevel3 opment authority concerned of the determination of the

4 Secretary of Housing and Urban Development under this

5 subparagraph.

6 (K)(i) Upon receipt of a notice under subparagraph

7 (H)(iv) or (J)(ii) of the determination of the Secretary of

8 Housing and Urban Development that a redevelopment

9 plan for an installation meets the requirements set forth

10 in subparagraph (H)(i), the Secretary of Defense shall dis11 pose of the buildings and property at the installation.

12 (ii) For purposes of carrying out an environmental

13 assessment of the closure or realignment of an installa14 tion, the Secretary of Defense shall treat the redevelop15 ment plan for the installation (including the aspects of the

16 plan providing for disposal to State or local governments,

17 representatives of the homeless, and other interested par18 ties) as part of the proposed Federal action for the instal19 lation.

20 (iii) The Secretary of Defense shall dispose of build21 ings and property under clause (i) in accordance with the

22 record of decision or other decision document prepared by

23 the Secretary in accordance with the National Environ24 mental Policy Act of 1969 (42 U.S.C. 4331 et seq.). In

25 preparing the record of decision or other decision docu-
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1 ment, the Secretary shall give substantial deference to the

2 redevelopment plan concerned.

3 (iv) The disposal under clause (i) of buildings and

4 property to assist the homeless shall be without consider5 ation.

6 (v) In the case of a request for a conveyance under

7 clause (i) of buildings and property for public benefit

8 under section 203(k) of the Federal Property and Admin9 istrative Services Act of 1949 (40 U.S.C. 484(k)) or sec10 tions 47151 through 47153 of title 49, United States

11 Code, the sponsoring Federal agency shall use the eligi12 bility criteria set forth in such section or such subchapter

13 (as the case may be) to determine the eligibility of the

14 applicant and use proposed in the request for the public

15 benefit conveyance.

16 (L)(i) If the Secretary of Housing and Urban Devel17 opment determines under subparagraph (J) that a revised

18 redevelopment plan for an installation does not meet the

19 requirements set forth in subparagraph (H)(i), or if no

20 revised plan is so submitted, that Secretary shall—

21 (I) review the original redevelopment plan sub22 mitted to that Secretary under subparagraph (G),

23 including the notice or notices of representatives of

24 the homeless referred to in clause (ii)(II) of that

25 subparagraph;
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1 (II) consult with the representatives referred to

2 in subclause (I), if any, for purposes of evaluating

3 the continuing interest of such representatives in the

4 use of buildings or property at the installation to as5 sist the homeless;

6 (III) request that each such representative sub7 mit to that Secretary the items described in clause

8 (ii); and

9 (IV) based on the actions of that Secretary

10 under subclauses (I) and (II), and on any informa11 tion obtained by that Secretary as a result of such

12 actions, indicate to the Secretary of Defense the

13 buildings and property at the installation that meet

14 the requirements set forth in subparagraph (H)(i).

15 (ii) The Secretary of Housing and Urban Develop16 ment may request under clause (i)(III) that a representa17 tive of the homeless submit to that Secretary the following:

18 (I) A description of the program of such rep19 resentative to assist the homeless.

20 (II) A description of the manner in which the

21 buildings and property that the representative pro22 poses to use for such purpose will assist the home23 less.

24 (III) Such information as that Secretary re25 quires in order to determine the financial capacity of
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1 the representative to carry out the program and to

2 ensure that the program will be carried out in com3 pliance with Federal environmental law and Federal

4 law against discrimination.

5 (IV) Such information as the Secretary requires

6 in order to determine that police services, fire pro7 tection services, and water and sewer services avail8 able in the communities in the vicinity of the instal9 lation concerned are adequate for the program.

10 (iii) Not later than 90 days after the date of the re11 ceipt of a revised plan for an installation under subpara12 graph (J), the Secretary of Housing and Urban Develop13 ment shall—

14 (I) notify the Secretary of Defense and the re15 development authority concerned of the buildings

16 and property at an installation under clause (i)(IV)

17 that the Secretary of Housing and Urban Develop18 ment determines are suitable for use to assist the

19 homeless; and

20 (II) notify the Secretary of Defense of the ex21 tent to which the revised plan meets the criteria set

22 forth in subparagraph (H)(i).

23 (iv)(I) Upon notice from the Secretary of Housing

24 and Urban Development with respect to an installation

25 under clause (iii), the Secretary of Defense shall dispose
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1 of buildings and property at the installation in consulta2 tion with the Secretary of Housing and Urban Develop3 ment and the redevelopment authority concerned.

4 (II) For purposes of carrying out an environmental

5 assessment of the closure or realignment of an installa6 tion, the Secretary of Defense shall treat the redevelop7 ment plan submitted by the redevelopment authority for

8 the installation (including the aspects of the plan provid9 ing for disposal to State or local governments, representa10 tives of the homeless, and other interested parties) as part

11 of the proposed Federal action for the installation. The

12 Secretary of Defense shall incorporate the notification of

13 the Secretary of Housing and Urban Development under

14 clause (iii)(I) as part of the proposed Federal action for

15 the installation only to the extent, if any, that the Sec16 retary of Defense considers such incorporation to be ap17 propriate and consistent with the best and highest use of

18 the installation as a whole, taking into consideration the

19 redevelopment plan submitted by the redevelopment au20 thority.

21 (III) The Secretary of Defense shall dispose of build22 ings and property under subclause (I) in accordance with

23 the record of decision or other decision document prepared

24 by the Secretary in accordance with the National Environ25 mental Policy Act of 1969 (42 U.S.C. 4331 et seq.). In
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1 preparing the record of decision or other decision docu2 ment, the Secretary shall give deference to the redevelop3 ment plan submitted by the redevelopment authority for

4 the installation.

5 (IV) The disposal under subclause (I) of buildings

6 and property to assist the homeless shall be without con7 sideration.

8 (V) In the case of a request for a conveyance under

9 subclause (I) of buildings and property for public benefit

10 under section 203(k) of the Federal Property and Admin11 istrative Services Act of 1949 (40 U.S.C. 484(k)) or sec12 tions 47151 through 47153 of title 49, United States

13 Code, the sponsoring Federal agency shall use the eligi14 bility criteria set forth in such section or such subchapter

15 (as the case may be) to determine the eligibility of the

16 applicant and use proposed in the request for the public

17 benefit conveyance.

18 (M)(i) In the event of the disposal of buildings and

19 property of an installation pursuant to subparagraph (K)

20 or (L), the redevelopment authority for the installation

21 shall be responsible for the implementation of and compli22 ance with agreements under the redevelopment plan de23 scribed in that subparagraph for the installation.

24 (ii) If a building or property reverts to a redevelop25 ment authority under such an agreement, the redevelop-
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1 ment authority shall take appropriate actions to secure,

2 to the maximum extent practicable, the utilization of the

3 building or property by other homeless representatives to

4 assist the homeless.

5 (N) The Secretary of Defense may postpone or ex6 tend any deadline provided for under this paragraph in

7 the case of an installation covered by this paragraph for

8 such period as the Secretary considers appropriate if the

9 Secretary determines that such postponement is in the in10 terests of the communities affected by the closure or re11 alignment of the installation. The Secretary shall make

12 such determinations in consultation with the redevelop13 ment authority concerned and, in the case of deadlines

14 provided for under this paragraph with respect to the Sec15 retary of Housing and Urban Development, in consulta16 tion with the Secretary of Housing and Urban Develop17 ment.

18 (O) For purposes of this paragraph, the term ‘‘com19 munities in the vicinity of the installation’’, in the case

20 of an installation, means the communities that constitute

21 the political jurisdictions (other than the State in which

22 the installation is located) that comprise the redevelop23 ment authority for the installation.

24 (P) For purposes of this paragraph, the term ‘‘other

25 interested parties’’, in the case of an installation, includes
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1 any parties eligible for the conveyance of property of the

2 installation under section 203(k) of the Federal Property

3 and Administrative Services Act of 1949 (40 U.S.C.

4 484(k)) or sections 47151 through 47153 of title 49,

5 United States Code, whether or not the parties assist the

6 homeless.

7 (7)(A) Subject to subparagraph (C), the Secretary

8 may enter into agreements (including contracts, coopera9 tive agreements, or other arrangements for reimburse10 ment) with local governments for the provision of police

11 or security services, fire protection services, airfield oper12 ation services, or other community services by such gov13 ernments at military installations closed or to be closed

14 or realigned or to be realigned, under this part, if the Sec15 retary determines that the provision of such services under

16 such agreements is in the best interests of the Department

17 of Defense.

18 (B) The Secretary may exercise the authority pro19 vided under this paragraph without regard to the provi20 sions of chapter 146 of title 10, United States Code.

21 (C) The Secretary may not exercise the authority

22 under subparagraph (A) with respect to an installation

23 earlier than 180 days before the date on which the instal24 lation is to be closed.
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1 (D) The Secretary shall include in a contract for serv2 ices entered into with a local government under this para3 graph a clause that requires the use of professionals to

4 furnish the services to the extent that professionals are

5 available in the area under the jurisdiction of such govern6 ment.

7 (c) APPLICABILITY OF NATIONAL ENVIRONMENTAL

8 POLICY ACT OF 1969.—The provisions of the National

9 Environmental Policy Act of 1969 (42 U.S.C. 4321 et

10 seq.) shall not apply to the actions of the Commission,

11 and, except as provided in paragraph (2), the Department

12 of Defense in carrying out this part.

13 (2)(A) The provisions of the National Environment

14 Policy Act of 1969 shall apply to actions of the Depart15 ment of Defense under this part (i) during the process

16 of property disposal, and (ii) during the process of relocat17 ing functions from a military installation being closed or

18 realigned to another military installation after the receiv19 ing installation has been selected but before the functions

20 are relocated.

21 (B) In applying the provisions of the National Envi22 ronmental Policy Act of 1969 to the processes referred

23 to in subparagraph (A), the Secretary of Defense and the

24 Secretary of the military departments concerned shall not

25 have to consider—
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1 (i) the need for closing or realigning the mili2 tary installation which has been recommended for

3 closure or realignment by the Commission;

4 (ii) the need for transferring functions to any

5 military installation which has been selected as the

6 receiving installation; or

7 (iii) military installations alternative to those

8 recommended or selected.

9 (3) A civil action for judicial review, with respect to

10 any requirement of the National Environmental Policy Act

11 of 1969 to the extent such Act is applicable under para12 graph (2), of any act or failure to act by the Department

13 of Defense during the closing, realigning, or relocating of

14 functions referred to in clauses (i) and (ii) of paragraph

15 (2)(A), may not be brought more than 60 days after the

16 date of such act or failure to act.

17 (d) WAIVER.—The Secretary of Defense may close or

18 realign military installations under this part without re19 gard to—

20 (1) any provision of law restricting the use of

21 funds for closing or realigning military installations

22 included in any appropriations or authorization Act;

23 and

24 (2) sections 2662 and 2687 of title 10, United

25 States Code.
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1 (e) TRANSFER AUTHORITY IN CONNECTION WITH

2 PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.—

3 (1)(A) Subject to paragraph (2) of this subsection and sec4 tion 120(h) of the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42

6 U.S.C. 9620(h)), the Secretary may enter into an agree7 ment to transfer by deed real property or facilities referred

8 to in subparagraph (B) with any person who agrees to

9 perform all environmental restoration, waste management,

10 and environmental compliance activities that are required

11 for the property or facilities under Federal and State laws,

12 administrative decisions, agreements (including schedules

13 and milestones), and concurrences.

14 (B) The real property and facilities referred to in

15 subparagraph (A) are the real property and facilities lo16 cated at an installation closed or to be closed or realigned

17 or to be realigned under this part that are available exclu18 sively for the use, or expression of an interest in a use,

19 of a redevelopment authority under subsection (b)(6)(F)

20 during the period provided for that use, or expression of

21 interest in use, under that subsection.

22 (C) The Secretary may require any additional terms

23 and conditions in connection with an agreement author24 ized by subparagraph (A) as the Secretary considers ap25 propriate to protect the interests of the United States.
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1 (2) A transfer of real property or facilities may be

2 made under paragraph (1) only if the Secretary certifies

3 to Congress that—

4 (A) the costs of all environmental restoration,

5 waste management, and environmental compliance

6 activities to be paid by the recipient of the property

7 or facilities are equal to or greater than the fair

8 market value of the property or facilities to be trans9 ferred, as determined by the Secretary; or

10 (B) if such costs are lower than the fair market

11 value of the property or facilities, the recipient of

12 the property or facilities agrees to pay the difference

13 between the fair market value and such costs.

14 (3) As part of an agreement under paragraph (1),

15 the Secretary shall disclose to the person to whom the

16 property or facilities will be transferred any information

17 of the Secretary regarding the environmental restoration,

18 waste management, and environmental compliance activi19 ties described in paragraph (1) that relate to the property

20 or facilities. The Secretary shall provide such information

21 before entering into the agreement.

22 (4) Nothing in this subsection shall be construed to

23 modify, alter, or amend the Comprehensive Environmental

24 Response, Compensation, and Liability Act of 1980 (42
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1 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (42

2 U.S.C. 6901 et seq.).

3 (5) Section 330 of the National Defense Authoriza4 tion Act for Fiscal Year 1993 (Public Law 102–484; 10

5 U.S.C. 2687 note) shall not apply to any transfer under

6 this subsection to persons or entities described in sub7 section (a)(2) of such section 330.

8 (f) TRANSFER AUTHORITY IN CONNECTION WITH

9 CONSTRUCTION OR PROVISION OF MILITARY FAMILY

10 HOUSING.—(1) Subject to paragraph (2), the Secretary

11 may enter into an agreement to transfer by deed real prop12 erty or facilities located at or near an installation closed

13 or to be closed, or realigned or to be realigned, under this

14 part with any person who agrees, in exchange for the real

15 property or facilities, to transfer to the Secretary housing

16 units that are constructed or provided by the person and

17 located at or near a military installation at which there

18 is a shortage of suitable housing to meet the requirements

19 of members of the Armed Forces and their dependents.

20 The Secretary may not select real property for transfer

21 under this paragraph if the property is identified in the

22 redevelopment plan for the installation as property essen23 tial to the reuse or redevelopment of the installation.

24 (2) A transfer of real property or facilities may be

25 made under paragraph (1) only if—
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1 (A) the fair market value of the housing units

2 to be received by the Secretary in exchange for the

3 property or facilities to be transferred is equal to or

4 greater than the fair market value of such property

5 or facilities, as determined by the Secretary; or

6 (B) in the event the fair market value of the

7 housing units is less than the fair market value of

8 property or facilities to be transferred, the recipient

9 of the property or facilities agrees to pay to the Sec10 retary the amount equal to the excess of the fair

11 market value of the property or facilities over the

12 fair market value of the housing units.

13 (3) Notwithstanding paragraph (2) of section 706(a),

14 the Secretary may deposit funds received under paragraph

15 (2)(B) in the Department of Defense Family Housing Im16 provement Fund established under section 2873(a) of title

17 10, United States Code.

18 (4) The Secretary shall submit to the congressional

19 defense committees a report describing each agreement

20 proposed to be entered into under paragraph (1), includ21 ing the consideration to be received by the United States

22 under the agreement. The Secretary may not enter into

23 the agreement until the end of the 30-day period begin24 ning on the date the congressional defense committees re25 ceive the report regarding the agreement.
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1 (5) The Secretary may require any additional terms

2 and conditions in connection with an agreement author3 ized by this subsection as the Secretary considers appro4 priate to protect the interests of the United States.

5 (g) ACQUISITION OF MANUFACTURED HOUSING.—

6 (1) In closing or realigning any military installation under

7 this part, the Secretary may purchase any or all right,

8 title, and interest of a member of the Armed Forces and

9 any spouse of the member in manufactured housing lo10 cated at a manufactured housing park established at an

11 installation closed or realigned under this part, or make

12 a payment to the member to relocate the manufactured

13 housing to a suitable new site, if the Secretary determines

14 that—

15 (A) it is in the best interest of the Federal Gov16 ernment to eliminate or relocate the manufactured

17 housing park; and

18 (B) the elimination or relocation of the manu19 factured housing park would result in an unreason20 able financial hardship to the owners of the manu21 factured housing.

22 (2) Any payment made under this subsection shall

23 not exceed 90 percent of the purchase price of the manu24 factured housing, as paid by the member or any spouse

25 of the member, plus the cost of any permanent improve-
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1 ments subsequently made to the manufactured housing by

2 the member or spouse of the member.

3 (3) The Secretary shall dispose of manufactured

4 housing acquired under this subsection through resale, do5 nation, trade or otherwise within one year of acquisition.

6 SEC. 706. ACCOUNT.

7 (a) IN GENERAL.—(1) There is hereby established on

8 the books of the Treasury an account to be known as the

9 ‘‘Department of Defense Base Closure Account 1998’’

10 which shall be administered by the Secretary as a single

11 account.

12 (2) There shall be deposited into the Account—

13 (A) funds authorized for and appropriated to

14 the Account;

15 (B) any funds that the Secretary may, subject

16 to approval in an appropriation Act, transfer to the

17 Account from funds appropriated to the Department

18 of Defense for any purpose, except that such funds

19 may be transferred only after the date on which the

20 Secretary transmits written notice of, and justifica21 tion for, such transfer to the congressional defense

22 committees;

23 (C) except as provided in subsection (d), pro24 ceeds received from the lease, transfer, or disposal of
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1 any property at a military installation closed or re2 aligned under this part; and

3 (D) proceeds received after September 30,

4 2001, from the lease, transfer, or disposal of any

5 property at a military installation closed or realigned

6 under the Defense Base Closure and Realignment

7 Act of 1990 (Public Law 101–510; 10 U.S.C. 2687

8 note).

9 (b) USE OF FUNDS.—(1) The Secretary may use the

10 funds in the Account only for the purpose described in

11 section 705, or, after September 30, 2001, for environ12 mental restoration and property management and disposal

13 at installations closed or realigned under the Defense Base

14 Closure and Realignment Act of 1990 (Public Law 101–

15 510; 10 U.S.C. 2687 note).

16 (2) When a decision is made to use funds in the Ac17 count to carry out a construction project under section

18 705(a) and the cost of the project will exceed the maxi19 mum amount authorized by law for a minor military con20 struction project, the Secretary shall notify in writing the

21 congressional defense committees of the nature of, and

22 justification for, the project and the amount of expendi23 tures for such project. Any such construction project may

24 be carried out without regard to section 2802(a) of title

25 10, United States Code.
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1 (c) REPORTS.—(1)(A) No later than 60 days after

2 the end of each fiscal year in which the Secretary carries

3 out activities under this part, the Secretary shall transmit

4 a report to the congressional defense committees of the

5 amount and nature of the deposits into, and the expendi6 tures from, the Account during such fiscal year and of

7 the amount and nature of other expenditures made pursu8 ant to section 705(a) during such fiscal year.

9 (B) The report for a fiscal year shall include the fol10 lowing:

11 (i) The obligations and expenditures from the

12 Account during the fiscal year, identified by sub13 account, for each military department and Defense

14 Agency.

15 (ii) The fiscal year in which appropriations for

16 such expenditures were made and the fiscal year in

17 which funds were obligated for such expenditures.

18 (iii) Each military construction project for

19 which such obligations and expenditures were made,

20 identified by installation and project title.

21 (iv) A description and explanation of the extent,

22 if any, to which expenditures for military construc23 tion projects for the fiscal year differed from propos24 als for projects and funding levels that were included

25 in the justification transmitted to Congress under
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1 section 707(1), or otherwise, for the funding propos2 als for the Account for such fiscal year, including

3 an explanation of—

4 (I) any failure to carry out military con5 struction projects that were so proposed; and

6 (II) any expenditures for military construc7 tion projects that were not so proposed.

8 (2) Unobligated funds which remain in the Account

9 after the termination of the authority of the Secretary to

10 carry out a closure or realignment under this part shall

11 be held in the Account until transferred by law after the

12 congressional defense committees receive the report trans13 mitted under paragraph (3).

14 (3) No later than 60 days after the termination of

15 the authority of the Secretary to carry out a closure or

16 realignment under this part, the Secretary shall transmit

17 to the congressional defense committees a report contain18 ing an accounting of—

19 (A) all the funds deposited into and expended

20 from the Account or otherwise expended under this

21 part; and

22 (B) any amount remaining in the Account.

23 (d) DISPOSAL OR TRANSFER OF COMMISSARY

24 STORES AND PROPERTY PURCHASED WITH NON25 APPROPRIATED FUNDS.—(1) If any real property or facil-
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1 ity acquired, constructed, or improved (in whole or in part)

2 with commissary store funds or nonappropriated funds is

3 transferred or disposed of in connection with the closure

4 or realignment of a military installation under this part,

5 a portion of the proceeds of the transfer or other disposal

6 of property on that installation shall be deposited in the

7 reserve account established under section 204(b)(7)(C) of

8 the Defense Authorization Amendments and Base Closure

9 and Realignment Act (10 U.S.C. 2687 note).

10 (2) The amount so deposited shall be equal to the

11 depreciated value of the investment made with such funds

12 in the acquisition, construction, or improvement of that

13 particular real property or facility. The depreciated value

14 of the investment shall be computed in accordance with

15 regulations prescribed by the Secretary of Defense.

16 (3) The Secretary may use amounts in the account

17 (in such an aggregate amount as is provided in advance

18 in appropriation Acts) for the purpose of acquiring, con19 structing, and improving—

20 (A) commissary stores; and

21 (B) real property and facilities for non22 appropriated fund instrumentalities.

23 (4) As used in this subsection:

24 (A) The term ‘‘commissary store funds’’ means

25 funds received from the adjustment of, or surcharge
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1 on, selling prices at commissary stores fixed under

2 section 2685 of title 10, United States Code.

3 (B) The term ‘‘nonappropriated funds’’ means

4 funds received from a nonappropriated fund instru5 mentality.

6 (C) The term ‘‘nonappropriated fund instru7 mentality’’ means an instrumentality of the United

8 States under the jurisdiction of the Armed Forces

9 (including the Army and Air Force Exchange Serv10 ice, the Navy Resale and Services Support Office,

11 and the Marine Corps exchanges) which is conducted

12 for the comfort, pleasure, contentment, or physical

13 or mental improvement of members of the Armed

14 Forces.

15 (e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR

16 ENVIRONMENTAL RESTORATION PROJECTS.—Except for

17 funds deposited into the Account under subsection (a),

18 funds appropriated to the Department of Defense may not

19 be used for purposes described in section 705(a)(1)(C).

20 The prohibition in this subsection shall expire upon the

21 termination of the authority of the Secretary to carry out

22 a closure or realignment under this part.

23 SEC. 707. REPORTS.

24 As part of the budget request for the Department of

25 Defense for fiscal year 2005 and for each fiscal year there-
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1 after in which the Secretary carries out activities under

2 this part, the Secretary shall transmit to the congressional

3 defense committees of Congress—

4 (1) a schedule of the closure and realignment

5 actions to be carried out under this part in the fiscal

6 year for which the request is made and an estimate

7 of the total expenditures required and cost savings

8 to be achieved by each such closure and realignment

9 and of the time period in which these savings are to

10 be achieved in each case, together with the Sec11 retary’s assessment of the environmental effects of

12 such actions; and

13 (2) a description of the military installations,

14 including those under construction and those

15 planned for construction, to which functions are to

16 be transferred as a result of such closures and re17 alignments, together with the Secretary’s assessment

18 of the environmental effects of such transfers.

19 SEC. 708. CONGRESSIONAL CONSIDERATION OF COMMIS20 SION REPORT.

21 (a) TERMS OF THE RESOLUTION.—For purposes of

22 section 704(b), the term ‘‘joint resolution’’ means only a

23 joint resolution which is introduced within the 10-day pe24 riod beginning on the date on which the President trans-
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1 mits the report to the Congress under section 703(e),

2 and—

3 (1) which does not have a preamble;

4 (2) the matter after the resolving clause of

5 which is as follows: ‘‘That Congress disapproves the

6 recommendations of the Defense Base Closure and

7 Realignment Commission as submitted by the Presi8 dent on lll’’, the blank space being filled in

9 with the appropriate date; and

10 (3) the title of which is as follows: ‘‘Joint reso11 lution disapproving the recommendations of the De12 fense Base Closure and Realignment Commission.’’.

13 (b) REFERRAL.—A resolution described in subsection

14 (a) that is introduced in the House of Representatives

15 shall be referred to the Committee on National Security

16 of the House of Representatives. A resolution described

17 in subsection (a) introduced in the Senate shall be referred

18 to the Committee on Armed Services of the Senate.

19 (c) DISCHARGE.—If the committee to which a resolu20 tion described in subsection (a) is referred has not re21 ported such a resolution (or an identical resolution) by the

22 end of the 20-day period beginning on the date on which

23 the President transmits the report to the Congress under

24 section 703(e), such committee shall be, at the end of such

25 period, discharged from further consideration of such reso-
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1 lution, and such resolution shall be placed on the appro2 priate calendar of the House involved.

3 (d) CONSIDERATION.—(1) On or after the third day

4 after the date on which the committee to which such a

5 resolution is referred has reported, or has been discharged

6 (under subsection (c)) from further consideration of, such

7 a resolution, it is in order (even though a previous motion

8 to the same effect has been disagreed to) for any Member

9 of the respective House to move to proceed to the consider10 ation of the resolution. A Member may take the motion

11 only on the day after the calendar day on which the Mem12 ber announces to the House concerned the Member’s in13 tention to make the motion, except that, in the case of

14 the House of Representatives, the motion may be made

15 without such prior announcement if the motion is made

16 by direction of the committee to which the resolution was

17 referred. The motion is highly privileged in the House of

18 Representatives and is privileged in the Senate and is not

19 debatable. The motion is not subject to amendment, or

20 to a motion to postpone, or to a motion to proceed to the

21 consideration of other business. A motion to reconsider the

22 vote by which the motion is agreed to or disagreed to shall

23 not be in order. If a motion to proceed to the consideration

24 of the resolution is agreed to, the respective House shall

25 immediately proceed to consideration of the joint resolu-
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1 tion without intervening motion, order, or other business,

2 and the resolution shall remain the unfinished business of

3 the respective House until disposed of.

4 (2) Debate on the resolution, and on all debatable

5 motions and appeals in connection therewith, shall be lim6 ited to not more than 2 hours, which shall be divided

7 equally between those favoring and those opposing the res8 olution. An amendment to the resolution is not in order.

9 A motion further to limit debate is in order and not debat10 able. A motion to postpone, or a motion to proceed to the

11 consideration of other business, or a motion to recommit

12 the resolution is not in order. A motion to reconsider the

13 vote by which the resolution is agreed to or disagreed to

14 is not in order.

15 (3) Immediately following the conclusion of the de16 bate on a resolution described in subsection (a) and a sin17 gle quorum call at the conclusion of the debate if re18 quested in accordance with the rules of the appropriate

19 House, the vote on final passage of the resolution shall

20 occur.

21 (4) Appeals from the decisions of the Chair relating

22 to the application of the rules of the Senate or the House

23 of Representatives, as the case may be, to the procedure

24 relating to a resolution described in subsection (a) shall

25 be decided without debate.
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1 (e) CONSIDERATION BY OTHER HOUSE.—(1) If, be2 fore the passage by one House of a resolution of that

3 House described in subsection (a), that House receives

4 from the other House a resolution described in subsection

5 (a), then the following procedures shall apply:

6 (A) The resolution of the House shall not be re7 ferred to a committee and may not be considered in

8 the House receiving it except in the case of final

9 passage as provided in subparagraph (B)(ii).

10 (B) With respect to a resolution in subsection

11 (a) of the House receiving the resolution—

12 (i) the procedure in that House shall be

13 the same as if no resolution had been received

14 from the other House; but

15 (ii) the vote on final passage shall be on

16 the resolution of the other House.

17 (2) Upon disposition of the resolution received from

18 the other House, it shall no longer be in order to consider

19 the resolution that originated in the receiving House.

20 (f) RULES OF THE SENATE AND HOUSE.—This sec21 tion is enacted by Congress—

22 (1) as an exercise of the rule making power of

23 the Senate and House of Representatives, respec24 tively, and as such it is deemed a part of the rules

25 of each House, respectively, but applicable only with
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1 respect to the procedure to be followed in that

2 House in the case of a resolution described in sub3 section (a), and it supersedes other rules only to the

4 extent that it is inconsistent with such rules; and

5 (2) with full recognition of the constitutional

6 right of either House to change the rules (so far as

7 relating to the procedure of that House) at any time,

8 in the same manner, and to the same extent as in

9 the case of any other rule of that House.

10 SEC. 709. RESTRICTION ON OTHER BASE CLOSURE AU11 THORITY.

12 (a) IN GENERAL.—Except as provided in subsection

13 (c), during the period beginning on the date of the enact14 ment of this Act and ending on December 31, 2005, this

15 part shall be the exclusive authority for selecting for clo16 sure or realignment, or for carrying out any closure or

17 realignment of, a military installation inside the United

18 States.

19 (b) RESTRICTION.—Except as provided in subsection

20 (c), none of the funds available to the Department of De21 fense may be used, other than under this part, during the

22 period specified in subsection (a)—

23 (1) to identify, through any transmittal to the

24 Congress or through any other public announcement

25 or notification, any military installation inside the
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1 United States as an installation to be closed or re2 aligned or as an installation under consideration for

3 closure or realignment; or

4 (2) to carry out any closure or realignment of

5 a military installation inside the United States.

6 (c) EXCEPTION.—Nothing in this part affects the au7 thority of the Secretary to carry out—

8 (1) closures and realignments under title II of

9 Public Law 100–526;

10 (2) closures and realignments under Public Law

11 101–510; and

12 (3) closures and realignments to which section

13 2687 of title 10, United States Code, is not applica14 ble, including closures and realignments carried out

15 for reasons of national security or a military emer16 gency referred to in subsection (c) of such section.

17 SEC. 710. DEFINITIONS.

18 As used in this part:

19 (1) The term ‘‘Account’’ means the Department

20 of Defense Base Closure Account 1998 established

21 by section 706(a)(1).

22 (2) The term ‘‘congressional defense commit23 tees’’ means the Committee on Armed Services and

24 the Committee on Appropriations of the Senate and

25 the Committee on National Security and the Com-
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1 mittee on Appropriations of the House of Represent2 atives.

3 (3) The term ‘‘Commission’’ means the Com4 mission established by section 702.

5 (4) The term ‘‘military installation’’ means a

6 base, camp, post, station, yard, center, homeport fa7 cility for any ship, or other activity under the juris8 diction of the Department of Defense, including any

9 leased facility. Such term does not include any facil10 ity used primarily for civil works, rivers and harbors

11 projects, flood control, or other projects not under

12 the primary jurisdiction or control of the Depart13 ment of Defense.

14 (5) The term ‘‘realignment’’ includes any action

15 which both reduces and relocates functions and civil16 ian personnel positions but does not include a reduc17 tion in force resulting from workload adjustments,

18 reduced personnel or funding levels, or skill imbal19 ances.

20 (6) The term ‘‘Secretary’’ means the Secretary

21 of Defense.

22 (7) The term ‘‘United States’’ means the 50

23 States, the District of Columbia, the Commonwealth

24 of Puerto Rico, Guam, the Virgin Islands, American
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1 Samoa, and any other commonwealth, territory, or

2 possession of the United States.

3 (8) The term ‘‘date of approval’’, with respect

4 to a closure or realignment of an installation, means

5 the date on which the authority of Congress to dis6 approve a recommendation of closure or realign7 ment, as the case may be, of such installation under

8 this part expires.

9 (9) The term ‘‘redevelopment authority’’, in the

10 case of an installation to be closed or realigned

11 under this part, means any entity (including an en12 tity established by a State or local government) rec13 ognized by the Secretary of Defense as the entity re14 sponsible for developing the redevelopment plan with

15 respect to the installation or for directing the imple16 mentation of such plan.

17 (10) The term ‘‘redevelopment plan’’ in the

18 case of an installation to be closed or realigned

19 under this part, means a plan that—

20 (A) is agreed to by the local redevelopment

21 authority with respect to the installation; and

22 (B) provides for the reuse or redevelop23 ment of the real property and personal property

24 of the installation that is available for such
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1 reuse and redevelopment as a result of the clo2 sure or realignment of the installation.

3 (11) The term ‘‘representative of the homeless’’

4 has the meaning given such term in section

5 501(i)(4) of the Stewart B. McKinney Homeless As6 sistance Act (42 U.S.C. 1141(i)(4)).

7 SEC. 711. CONFORMING AMENDMENT.

8 All authorities provided to the Secretary of Defense

9 with respect to installations closed or to be closed pursu10 ant to the Defense Base Closure and Realignment Act of

11 1990 (Public Law 101–510, as amended; 10 U.S.C. 2687

12 note), shall apply to the same extent to installations re13 aligned or to be realigned pursuant to the Defense Base

14 Closure and Realignment Act of 1990 (Public Law 101–

15 510, as amended; 10 U.S.C. 2687 note).

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