H. R. 2401—370
is in the best interests of the communities affected by the closure
of the installation.’’.
(b) DETERMINATIONS UNDER 1990 ACT.—Section 2905(b) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), as amended
by section 2903(b), is further amended by adding at the end the
following:
‘‘(5)(A) Except as provided in subparagraph (B), the Secretary
shall take such actions as the Secretary determines necessary to
ensure that final determinations under subsection (b)(1) regarding
whether another department or agency of the Federal Government
has identified a use for any portion of a military installation to
be closed under this part, or will accept transfer of any portion
of such installation, are made not later than 6 months after the
date of approval of closure of that installation.
‘‘(B) The Secretary may, in consultation with the redevelopment
authority with respect to an installation, postpone making the
final determinations referred to in subparagraph (A) with respect
to the installation for such period as the Secretary determines
appropriate if the Secretary determines that such postponement
is in the best interests of the communities affected by the closure
of the installation.’’.
(c) APPLICABILITY.—The Secretary of Defense shall make the
determinations required under section 2905(b)(5) of the Defense
Base Closure and Realignment Act of 1990, as added by subsection
(b), in the case of installations approved for closure under such
Act before the date of the enactment of this Act, not later than
6 months after the date of the enactment of this Act.
SEC. 2905. AVAILABILITY OF PROPERTY FOR ASSISTING THE HOME-
LESS.
(a) AVAILABILITY
OF PROPERTY UNDER 1988 ACT.—Section
204(b) of the Defense Authorization Amendments and Base Closure
and Realignment Act (title II of Public Law 100–526; 10 U.S.C.
2687 note), as amended by section 2904(a), is further amended
by adding after paragraph (5), as so added, the following:
‘‘(6)(A) Except as provided in this paragraph, nothing in this
section shall limit or otherwise affect the application of the provi-
sions of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11301 et seq.) to military installations closed under this
title.
‘‘(B)(i) Not later than the date on which the Secretary of Defense
completes the determination under paragraph (5) of the transfer-
ability of any portion of an installation to be closed under this
title, the Secretary shall—
‘‘(I) complete any determinations or surveys necessary to
determine whether any building or property referred to in
clause (ii) is excess property, surplus property, or unutilized
or underutilized property for the purpose of the information
referred to in section 501(a) of such Act (42 U.S.C. 11411(a));
and
‘‘(II) submit to the Secretary of Housing and Urban Devel-
opment information on any building or property that is so
determined.
‘‘(ii) The buildings and property referred to in clause (i) are
any buildings or property located at an installation referred to
in that clause for which no use is identified, or of which no Federal
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H. R. 2401—371
department or agency will accept transfer, pursuant to the deter-
mination of transferability referred to in that clause.
‘‘(C) Not later than 60 days after the date on which the Sec-
retary of Defense submits information to the Secretary of Housing
and Urban Development under subparagraph (B)(ii), the Secretary
of Housing and Urban Development shall—
‘‘(i) identify the buildings and property described in such
information that are suitable for use to assist the homeless;
‘‘(ii) notify the Secretary of Defense of the buildings and
property that are so identified;
‘‘(iii) publish in the Federal Register a list of the buildings
and property that are so identified, including with respect
to each building or property the information referred to in
section 501(c)(1)(B) of such Act; and
‘‘(iv) make available with respect to each building and
property the information referred to in section 501(c)(1)(C) of
such Act in accordance with such section 501(c)(1)(C).
‘‘(D) Any buildings and property included in a list published
under subparagraph (C)(iii) shall be treated as property available
for application for use to assist the homeless under section 501(d)
of such Act.
‘‘(E) The Secretary of Defense shall make available in accord-
ance with section 501(f) of such Act any buildings or property
referred to in subparagraph (D) for which—
‘‘(i) a written notice of an intent to use such buildings
or property to assist the homeless is received by the Secretary
of Health and Human Services in accordance with section
501(d)(2) of such Act;
‘‘(ii) an application for use of such buildings or property
for such purpose is submitted to the Secretary of Health and
Human Services in accordance with section 501(e)(2) of such
Act; and
‘‘(iii) the Secretary of Health and Human Services—
‘‘(I) completes all actions on the application in accord-
ance with section 501(e)(3) of such Act; and
‘‘(II) approves the application under section 501(e) of
such Act.
‘‘(F)(i) Subject to clause (ii), a redevelopment authority may
express in writing an interest in using buildings and property
referred to in subparagraph (D), or use such buildings and property,
in accordance with the redevelopment plan with respect to the
installation at which such buildings and property are located as
follows:
‘‘(I) If no written notice of an intent to use such buildings
or property to assist the homeless is received by the Secretary
of Health and Human Services in accordance with section
501(d)(2) of such Act during the 60-day period beginning on
the date of the publication of the buildings and property under
subparagraph (C)(iii).
‘‘(II) In the case of buildings and property for which such
notice is so received, if no completed application for use of
the buildings or property for such purpose is received by the
Secretary of Health and Human Services in accordance with
section 501(e)(2) of such Act during the 90-day period beginning
on the date of the receipt of such notice.
‘‘(III) In the case of building and property for which such
application is so received, if the Secretary of Health and Human
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H. R. 2401—372
Services rejects the application under section 501(e) of such
Act.
‘‘(ii) Buildings and property shall be available only for the
purpose of permitting a redevelopment authority to express in writ-
ing an interest in the use of such buildings and property, or to
use such buildings and property, under clause (i) as follows:
‘‘(I) In the case of buildings and property referred to in
clause (i)(I), during the one-year period beginning on the first
day after the 60-day period referred to in that clause.
‘‘(II) In the case of buildings and property referred to in
clause (i)(II), during the one-year period beginning on the first
day after the 90-day period referred to in that clause.
‘‘(III) In the case of buildings and property referred to
in clause (i)(III), during the one-year period beginning on the
date of the rejection of the application referred to in that
clause.
‘‘(iii) A redevelopment authority shall express an interest in
the use of buildings and property under this subparagraph by
notifying the Secretary of Defense, in writing, of such an interest.
‘‘(G)(i) Buildings and property available for a redevelopment
authority under subparagraph (F) shall not be available for use
to assist the homeless under section 501 of such Act while so
available for a redevelopment authority.
‘‘(ii) If a redevelopment authority does not express an interest
in the use of buildings or property, or commence the use of buildings
or property, under subparagraph (F) within the applicable time
periods specified in clause (ii) of such subparagraph, such buildings
or property shall be treated as property available for use to assist
the homeless under section 501(a) of such Act.’’.
(b) AVAILABILITY
OF PROPERTY UNDER 1990 ACT.—Section
2905(b) of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note),
as amended by section 2904(b), is further amended by adding at
the end the following:
‘‘(6)(A) Except as provided in this paragraph, nothing in this
section shall limit or otherwise affect the application of the provi-
sions of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11301 et seq.) to military installations closed under this
part.
‘‘(B)(i) Not later than the date on which the Secretary of Defense
completes the determination under paragraph (5) of the transfer-
ability of any portion of an installation to be closed under this
part, the Secretary shall—
‘‘(I) complete any determinations or surveys necessary to
determine whether any building or property referred to in
clause (ii) is excess property, surplus property, or unutilized
or underutilized property for the purpose of the information
referred to in section 501(a) of such Act (42 U.S.C. 11411(a));
and
‘‘(II) submit to the Secretary of Housing and Urban Devel-
opment information on any building or property that is so
determined.
‘‘(ii) The buildings and property referred to in clause (i) are
any buildings or property located at an installation referred to
in that clause for which no use is identified, or of which no Federal
department or agency will accept transfer, pursuant to the deter-
mination of transferability referred to in that clause.
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H. R. 2401—373
‘‘(C) Not later than 60 days after the date on which the Sec-
retary of Defense submits information to the Secretary of Housing
and Urban Development under subparagraph (B)(ii), the Secretary
of Housing and Urban Development shall—
‘‘(i) identify the buildings and property described in such
information that are suitable for use to assist the homeless;
‘‘(ii) notify the Secretary of Defense of the buildings and
property that are so identified;
‘‘(iii) publish in the Federal Register a list of the buildings
and property that are so identified, including with respect
to each building or property the information referred to in
section 501(c)(1)(B) of such Act; and
‘‘(iv) make available with respect to each building and
property the information referred to in section 501(c)(1)(C) of
such Act in accordance with such section 501(c)(1)(C).
‘‘(D) Any buildings and property included in a list published
under subparagraph (C)(iii) shall be treated as property available
for application for use to assist the homeless under section 501(d)
of such Act.
‘‘(E) The Secretary of Defense shall make available in accord-
ance with section 501(f) of such Act any buildings or property
referred to in subparagraph (D) for which—
‘‘(i) a written notice of an intent to use such buildings
or property to assist the homeless is received by the Secretary
of Health and Human Services in accordance with section
501(d)(2) of such Act;
‘‘(ii) an application for use of such buildings or property
for such purpose is submitted to the Secretary of Health and
Human Services in accordance with section 501(e)(2) of such
Act; and
‘‘(iii) the Secretary of Health and Human Services—
‘‘(I) completes all actions on the application in accord-
ance with section 501(e)(3) of such Act; and
‘‘(II) approves the application under section 501(e) of
such Act.
‘‘(F)(i) Subject to clause (ii), a redevelopment authority may
express in writing an interest in using buildings and property
referred to subparagraph (D), or use such buildings and property,
in accordance with the redevelopment plan with respect to the
installation at which such buildings and property are located as
follows:
‘‘(I) If no written notice of an intent to use such buildings
or property to assist the homeless is received by the Secretary
of Health and Human Services in accordance with section
501(d)(2) of such Act during the 60-day period beginning on
the date of the publication of the buildings and property under
subparagraph (C)(iii).
‘‘(II) In the case of buildings and property for which such
notice is so received, if no completed application for use of
the buildings or property for such purpose is received by the
Secretary of Health and Human Services in accordance with
section 501(e)(2) of such Act during the 90-day period beginning
on the date of the receipt of such notice.
‘‘(III) In the case of buildings and property for which such
application is so received, if the Secretary of Health and Human
Services rejects the application under section 501(e) of such
Act.
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H. R. 2401—374
‘‘(ii) Buildings and property shall be available only for the
purpose of permitting a redevelopment authority to express in writ-
ing an interest in the use of such buildings and property, or to
use such buildings and property, under clause (i) as follows:
‘‘(I) In the case of buildings and property referred to in
clause (i)(I), during the one-year period beginning on the first
day after the 60-day period referred to in that clause.
‘‘(II) In the case of buildings and property referred to in
clause (i)(II), during the one-year period beginning on the first
day after the 90-day period referred to in that clause.
‘‘(III) In the case of buildings and property referred to
in clause (i)(III), during the one-year period beginning on the
date of the rejection of the application referred to in that
clause.
‘‘(iii) A redevelopment authority shall express an interest in
the use of buildings and property under this subparagraph by
notifying the Secretary of Defense, in writing, of such an interest.
‘‘(G)(i) Buildings and property available for a redevelopment
authority under subparagraph (F) shall not be available for use
to assist the homeless under section 501 of such Act while so
available for a redevelopment authority.
‘‘(ii) If a redevelopment authority does not express an interest
in the use of buildings or property, or commence the use of buildings
or property, under subparagraph (F) within the applicable time
periods specified in clause (ii) of such subparagraph, such buildings
or property shall be treated as property available for use to assist
the homeless under section 501(a) of such Act.’’.
SEC. 2906. AUTHORITY TO LEASE CERTAIN PROPERTY AT INSTALLA-
TIONS TO BE CLOSED.
(a) LEASE AUTHORITY.—Subsection (f) of section 2667 of title
10, United States Code, is amended to read as follows:
‘‘(f)(1) Notwithstanding subsection (a)(3), pending the final dis-
position of real property and personal property located at a military
installation to be closed or realigned under a base closure law,
the Secretary of the military department concerned may lease the
property to any individual or entity under this subsection if the
Secretary determines that such a lease would facilitate State or
local economic adjustment efforts.
‘‘(2) Notwithstanding subsection (b)(4), the Secretary concerned
may accept consideration in an amount that is less than the fair
market value of the lease interest if the Secretary concerned deter-
mines that—
‘‘(A) a public interest will be served as a result of the
lease; and
‘‘(B) the fair market value of the lease is (i) unobtainable,
or (ii) not compatible with such public benefit.
‘‘(3) Before entering into any lease under this subsection, the
Secretary shall consult with the Administrator of the Environmental
Protection Agency in order to determine whether the environmental
condition of the property proposed for leasing is such that the
lease of the property is advisable. The Secretary and the Adminis-
trator shall enter into a memorandum of understanding setting
forth procedures for carrying out the determinations under this
paragraph.’’.
(b) DEFINITION.—Such section is further amended by adding
at the end the following new subsection:
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H. R. 2401—376
the extent that professionals are available in the area under the
jurisdiction of such government.’’.
SEC. 2908. AUTHORITY 
TO 
TRANSFER 
PROPERTY 
AT 
MILITARY
INSTALLATIONS TO BE CLOSED TO PERSONS PAYING THE
COST OF ENVIRONMENTAL RESTORATION ACTIVITIES ON
THE PROPERTY.
(a) BASE CLOSURES UNDER 1988 ACT.—Section 204 of the
Defense Authorization Amendments and Base Closure and Realign-
ment Act (title II of Public Law 100–526; 10 U.S.C. 2687 note)
is amended by adding at the end the following new subsection:
‘‘(d) TRANSFER AUTHORITY IN CONNECTION WITH PAYMENT OF
ENVIRONMENTAL REMEDIATION COSTS.—(1)(A) Subject to paragraph
(2) of this subsection and section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)), the Secretary may enter into an agreement
to transfer by deed real property or facilities referred to in subpara-
graph (B) with any person who agrees to perform all environmental
restoration, waste management, and environmental compliance
activities that are required for the property or facilities under
Federal and State laws, administrative decisions, agreements
(including schedules and milestones), and concurrences.
‘‘(B) The real property and facilities referred to in subparagraph
(A) are the real property and facilities located at an installation
closed or to be closed under this title that are available exclusively
for the use, or expression of an interest in a use, of a redevelopment
authority under subsection (b)(6)(F) during the period provided
for that use, or expression of interest in use, under that subsection.
‘‘(C) The Secretary may require any additional terms and condi-
tions in connection with an agreement authorized by subparagraph
(A) as the Secretary considers appropriate to protect the interests
of the United States.
‘‘(2) A transfer of real property or facilities may be made under
paragraph (1) only if the Secretary certifies to Congress that—
‘‘(A) the costs of all environmental restoration, waste
management, and environmental compliance activities to be
paid by the recipient of the property or facilities are equal
to or greater than the fair market value of the property or
facilities to be transferred, as determined by the Secretary;
or
‘‘(B) if such costs are lower than the fair market value
of the property or facilities, the recipient of the property or
facilities agrees to pay the difference between the fair market
value and such costs.
‘‘(3) As part of an agreement under paragraph (1), the Secretary
shall disclose to the person to whom the property or facilities
will be transferred any information of the Secretary regarding the
environmental restoration, waste management, and environmental
compliance activities described in paragraph (1) that relate to the
property or facilities. The Secretary shall provide such information
before entering into the agreement.
‘‘(4) Nothing in this subsection shall be construed to modify,
alter, or amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
‘‘(5) Section 330 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2687 note)
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H. R. 2401—377
shall not apply to any transfer under this subsection to persons
or entities described in subsection (a)(2) of such section 330.
‘‘(6) The Secretary may not enter into an agreement to transfer
property or facilities under this subsection after the expiration
of the five-year period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 1994.’’.
(b) BASE CLOSURES UNDER 1990 ACT.—Section 2905 of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is amended
by adding at the end the following new subsection:
‘‘(e) TRANSFER AUTHORITY IN CONNECTION WITH PAYMENT OF
ENVIRONMENTAL REMEDIATION COSTS.—(1)(A) Subject to paragraph
(2) of this subsection and section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)), the Secretary may enter into an agreement
to transfer by deed real property or facilities referred to in subpara-
graph (B) with any person who agrees to perform all environmental
restoration, waste management, and environmental compliance
activities that are required for the property or facilities under
Federal and State laws, administrative decisions, agreements
(including schedules and milestones), and concurrences.
‘‘(B) The real property and facilities referred to in subparagraph
(A) are the real property and facilities located at an installation
closed or to be closed under this part that are available exclusively
for the use, or expression of an interest in a use, of a redevelopment
authority under subsection (b)(6)(F) during the period provided
for that use, or expression of interest in use, under that subsection.
‘‘(C) The Secretary may require any additional terms and condi-
tions in connection with an agreement authorized by subparagraph
(A) as the Secretary considers appropriate to protect the interests
of the United States.
‘‘(2) A transfer of real property or facilities may be made under
paragraph (1) only if the Secretary certifies to Congress that—
‘‘(A) the costs of all environmental restoration, waste
management, and environmental compliance activities to be
paid by the recipient of the property or facilities are equal
to or greater than the fair market value of the property or
facilities to be transferred, as determined by the Secretary;
or
‘‘(B) if such costs are lower than the fair market value
of the property or facilities, the recipient of the property or
facilities agrees to pay the difference between the fair market
value and such costs.
‘‘(3) As part of an agreement under paragraph (1), the Secretary
shall disclose to the person to whom the property or facilities
will be transferred any information of the Secretary regarding the
environmental restoration, waste management, and environmental
compliance activities described in paragraph (1) that relate to the
property or facilities. The Secretary shall provide such information
before entering into the agreement.
‘‘(4) Nothing in this subsection shall be construed to modify,
alter, or amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
‘‘(5) Section 330 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2687 note)
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H. R. 2401—378
shall not apply to any transfer under this subsection to persons
or entities described in subsection (a)(2) of such section 330.
‘‘(6) The Secretary may not enter into an agreement to transfer
property or facilities under this subsection after the expiration
of the five-year period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 1994.’’.
(c) REGULATIONS.—Not later than nine months after the date
of the enactment of this Act, the Secretary of Defense, in consulta-
tion with the Administrator of the Environmental Protection
Agency, shall prescribe any regulations necessary to carry out sub-
section (d) of section 204 of the Defense Authorization Amendments
and Base Closure and Realignment Act (title II of Public Law
100–526; 10 U.S.C. 2687 note), as added by subsection (a), and
subsection (e) of section 2905 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note), as added by subsection (b).
SEC. 2909. SENSE OF CONGRESS ON AVAILABILITY OF SURPLUS MILI-
TARY EQUIPMENT.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of Defense take all actions that the Secretary deter-
mines practicable to make available the military equipment referred
to in subsection (b) to communities suffering significant adverse
economic circumstances as a result of the closure of military
installations.
(b) COVERED EQUIPMENT.—The equipment referred to in sub-
section (a) is surplus military equipment that—
(1) is scheduled for retirement or disposal as a result of
reductions in the size of the Armed Forces or the closure
or realignment of a military installation under a base closure
law;
(2) is important (as determined by the Secretary) to the
economic development efforts of the communities referred to
in subsection (a); and
(3) has no other military uses (as so determined).
SEC. 2910. IDENTIFICATION OF UNCONTAMINATED PROPERTY AT
INSTALLATIONS TO BE CLOSED.
The identification by the Secretary of Defense required under
section 120(h)(4)(A) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(4)(A)),
and the concurrence required under section 120(h)(4)(B) of such
Act, shall be made not later than the earlier of—
(1) the date that is 9 months after the date of the submittal,
if any, to the transition coordinator for the installation con-
cerned of a specific use proposed for all or a portion of the
real property of the installation; or
(2) the date specified in section 120(h)(4)(C)(iii) of such
Act.
SEC. 2911. COMPLIANCE WITH CERTAIN ENVIRONMENTAL REQUIRE-
MENTS RELATING TO CLOSURE OF INSTALLATIONS.
Not later than 12 months after the date of the submittal
to the Secretary of Defense of a redevelopment plan for an installa-
tion approved for closure under a base closure law, the Secretary
of Defense shall, to the extent practicable, complete any environ-
mental impact analyses required with respect to the installation,
and with respect to the redevelopment plan, if any, for the installa-
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H. R. 2401—379
tion, pursuant to the base closure law under which the installation
is closed, and pursuant to the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
SEC. 2912. PREFERENCE FOR LOCAL AND SMALL BUSINESSES.
(a) PREFERENCE REQUIRED.—In entering into contracts with
private entities as part of the closure or realignment of a military
installation under a base closure law, the Secretary of Defense
shall give preference, to the greatest extent practicable, to qualified
businesses located in the vicinity of the installation and to small
business concerns and small disadvantaged business concerns. Con-
tracts for which this preference shall be given shall include contracts
to carry out activities for the environmental restoration and mitiga-
tion at military installations to be closed or realigned.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘small business concern’’ means a business
concern meeting the requirements of section 3 of the Small
Business Act (15 U.S.C. 632).
(2) The term ‘‘small disadvantaged business concern’’ means
the business concerns referred to in section 637(d)(1) of such
Act (15 U.S.C. 637(d)(1)).
(3) The term ‘‘base closure law’’ includes section 2687 of
title 10, United States Code.
SEC. 2913. CONSIDERATION OF APPLICATIONS OF AFFECTED STATES
AND COMMUNITIES FOR ASSISTANCE.
Section 2391(b) of title 10, United States Code, is amended
by adding at the end the following:
‘‘(6) To the extent practicable, the Secretary of Defense shall
inform a State or local government applying for assistance under
this subsection of the approval or rejection by the Secretary of
the application for such assistance as follows:
‘‘(A) Before the end of the 7-day period beginning on the
date on which the Secretary receives the application, in the
case of an application for a planning grant.
‘‘(B) Before the end of the 30-day period beginning on
such date, in the case of an application for assistance to carry
out a community adjustments and economic diversifications
program.
‘‘(7)(A) In attempting to complete consideration of applications
within the time period specified in paragraph (6), the Secretary
of Defense shall give priority to those applications requesting assist-
ance for a community described in subsection (f)(1).
‘‘(B) If an application under paragraph (6) is rejected by the
Secretary, the Secretary shall promptly inform the State or local
government of the reasons for the rejection of the application.’’.
SEC. 2914. CLARIFICATION OF UTILIZATION OF FUNDS FOR COMMU-
NITY ECONOMIC ADJUSTMENT ASSISTANCE.
(a) UTILIZATION OF FUNDS.—Subject to subsection (b), funds
made available to the Economic Development Administration for
economic adjustment assistance under section 4305 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102–
484; 106 Stat. 2700) may by utilized by the administration for
administrative activities in support of the provision of such assist-
ance.
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