H. R. 2401—380
(b) LIMITATION.—Not more than three percent of the funds
referred to in subsection (a) may be utilized by the administration
for the administrative activities referred to in such subsection.
SEC. 2915. TRANSITION COORDINATORS FOR ASSISTANCE TO COMMU-
NITIES AFFECTED BY THE CLOSURE OF INSTALLATIONS.
(a) IN GENERAL.—The Secretary of Defense shall designate
a transition coordinator for each military installation to be closed
under a base closure law. The transition coordinator shall carry
out the activities for such coordinator set forth in subsection (c).
(b) TIMING
OF DESIGNATION.—A transition coordinator shall
be designated for an installation under subsection (a) as follows:
(1) Not later than 15 days after the date of approval of
closure of the installation.
(2) In the case of installations approved for closure under
a base closure law before the date of the enactment of this
Act, not later than 15 days after such date of enactment.
(c) RESPONSIBILITIES.—A transition coordinator designated with
respect to an installation shall—
(1) encourage, after consultation with officials of Federal
and State departments and agencies concerned, the develop-
ment of strategies for the expeditious environmental cleanup
and restoration of the installation by the Department of
Defense;
(2) assist the Secretary of the military department con-
cerned in designating real property at the installation that
has the potential for rapid and beneficial reuse or redevelop-
ment in accordance with the redevelopment plan for the
installation;
(3) assist such Secretary in identifying strategies for accel-
erating completion of environmental cleanup and restoration
of the real property designated under paragraph (2);
(4) assist such Secretary in developing plans for the closure
of the installation that take into account the goals set forth
in the redevelopment plan for the installation;
(5) assist such Secretary in developing plans for ensuring
that, to the maximum extent practicable, the Department of
Defense carries out any activities at the installation after the
closure of the installation in a manner that takes into account,
and supports, the redevelopment plan for the installation;
(6) assist the Secretary of Defense in making determina-
tions with respect to the transferability of property at the
installation under section 204(b)(5) 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
section 2904(a) of this Act, and under section 2905(b)(5) 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 section 2904(b) of this Act, as the case may be;
(7) assist the local redevelopment authority with respect
to the installation in identifying real property or personal prop-
erty at the installation that may have significant potential
for reuse or redevelopment in accordance with the redevelop-
ment plan for the installation;
(8) assist the Office of Economic Adjustment of the Depart-
ment of Defense and other departments and agencies of the
Federal Government in coordinating the provision of assistance
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H. R. 2401—381
under transition assistance and transition mitigation programs
with community redevelopment activities with respect to the
installation;
(9) assist the Secretary of the military department con-
cerned in identifying property located at the installation that
may be leased in a manner consistent with the redevelopment
plan for the installation; and
(10) assist the Secretary of Defense in identifying real
property or personal property at the installation that may
be utilized to meet the needs of the homeless by consulting
with the Secretary of Housing and Urban Development and
the local lead agency of the homeless, if any, referred to in
section 210(b) of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11320(b)) for the State in which the installation
is located.
SEC. 2916. SENSE OF CONGRESS ON SEMINARS ON REUSE OR
REDEVELOPMENT OF PROPERTY AT INSTALLATIONS TO
BE CLOSED.
It is the sense of Congress that the Secretary of Defense conduct
seminars for each community in which is located a military installa-
tion to be closed under a base closure law. Any such seminar
shall—
(1) be conducted within 6 months after the date of approval
of closure of the installation concerned;
(2) address the various Federal programs for the reuse
and redevelopment of the installation; and
(3) provide information about employment assistance
(including employment assistance under Federal programs)
available to members of such communities.
SEC. 2917. FEASIBILITY STUDY ON ASSISTING LOCAL COMMUNITIES
AFFECTED BY THE CLOSURE OR REALIGNMENT OF MILI-
TARY INSTALLATIONS.
(a) STUDY.—The Secretary of Defense shall conduct a study
to determine the feasibility of assisting local communities recovering
from the adverse economic impact of the closure or major realign-
ment of a military installation under a base closure law by reserving
for grants to the communities under section 2391(b) of title 10,
United States Code, an amount equal to not less than 10 percent
of the total projected savings to be realized by the Department
of Defense in the first 10 years after the closure or major realign-
ment of the installation as a result of the closure or realignment.
(b) REPORT.—Not later than March 1, 1994, the Secretary shall
submit to Congress a report containing the results of the study
required by this subsection. The report shall include—
(1) an estimate of the amount of the projected savings
described in subsection (a) to be realized by the Department
of Defense as a result of each base closure or major realignment
approved before the date of the enactment of this Act; and
(2) a recommendation regarding the funding sources within
the budget for the Department of Defense from which amounts
for the grants described in subsection (a) could be derived.
SEC. 2918. DEFINITIONS.
(a) SUBTITLE A OF TITLE XXIX.—In this subtitle:
(1) The term ‘‘base closure law’’ means the following:
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H. R. 2401—382
(A) The provisions of title II of the Defense Authoriza-
tion Amendments and Base Closure and Realignment Act
(Public Law 100–526; 10 U.S.C. 2687 note).
(B) 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).
(2) The term ‘‘date of approval’’, with respect to a closure
or realignment of an installation, means the date on which
the authority of Congress to disapprove a recommendation of
closure or realignment, as the case may be, of such installation
under the applicable base closure law expires.
(3) The term ‘‘redevelopment authority’’, in the case of
an installation to be closed under a base closure law, means
any entity (including an entity established by a State or local
government) recognized by the Secretary of Defense as the
entity responsible for developing the redevelopment plan with
respect to the installation and for directing the implementation
of such plan.
(4) The term ‘‘redevelopment plan’’, in the case of an
installation to be closed under a base closure law, means a
plan that—
(A) is agreed to by the redevelopment authority with
respect to the installation; and
(B) provides for the reuse or redevelopment of the
real property and personal property of the installation that
is available for such reuse and redevelopment as a result
of the closure of the installation.
(b) BASE CLOSURE ACT 1988.—Section 209 of the Defense
Authorization Amendments and Base Closure and Realignment Act
(title II of Public Law 100–526; 10 U.S.C. 2687 note) is amended
by adding at the end the following:
‘‘(10) The term ‘redevelopment authority’, in the case of
an installation to be closed under this title, means any entity
(including an entity established by a State or local government)
recognized by the Secretary of Defense as the entity responsible
for developing the redevelopment plan with respect to the
installation and for directing the implementation of such plan.
‘‘(11) The term ‘redevelopment plan’ in the case of an
installation to be closed under this title, means a plan that—
‘‘(A) is agreed to by the redevelopment authority with
respect to the installation; and
‘‘(B) provides for the reuse or redevelopment of the
real property and personal property of the installation that
is available for such reuse or redevelopment as a result
of the closure of the installation.’’.
(c) BASE CLOSURE ACT 1990.—Section 2910 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 paragraph:
‘‘(8) The term ‘date of approval’, with respect to a closure
or realignment of an installation, means the date on which
the authority of Congress to disapprove a recommendation of
closure or realignment, as the case may be, of such installation
under this part expires.
‘‘(9) The term ‘redevelopment authority’, in the case of
an installation to be closed under this part, means any entity
(including an entity established by a State or local government)
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H. R. 2401—383
recognized by the Secretary of Defense as the entity responsible
for developing the redevelopment plan with respect to the
installation and for directing the implementation of such plan.
‘‘(10) The term ‘redevelopment plan’ in the case of an
installation to be closed under this part, means a plan that—
‘‘(A) is agreed to by the local redevelopment authority
with respect to the installation; and
‘‘(B) provides for the reuse or redevelopment of the
real property and personal property of the installation that
is available for such reuse and redevelopment as a result
of the closure of the installation.’’.
Subtitle B—Other Matters
SEC. 2921. BASE CLOSURE ACCOUNT MANAGEMENT FLEXIBILITY.
(a) BASE CLOSURES UNDER 1988 ACT.—Section 207(a) 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 paragraph:
‘‘(7) Proceeds received after September 30, 1995, from the trans-
fer or disposal of any property at a military installation closed
or realigned under this title shall be deposited directly into the
Department of Defense Base Closure Account 1990 established by
section 2906(a) 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).’’.
(b) BASE CLOSURES UNDER 1990 ACT.—Section 2906 of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is
amended—
(1) in subsection (a)(2)—
(A) by striking out ‘‘and’’ at the end of subparagraph
(B);
(B) by striking out the period at the end of subpara-
graph (C) and inserting in lieu thereof ‘‘; and’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(D) proceeds received after September 30, 1995, from the
transfer or disposal of any property at a military installation
closed or realigned under title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100–526; 10 U.S.C. 2687 note).’’; and
(2) in subsection (b), by striking out paragraph (1) and
inserting in lieu thereof the following new paragraph:
‘‘(1) The Secretary may use the funds in the Account only
for the purposes described in section 2905 or, after September
30, 1995, for environmental restoration and property management
and disposal at installations closed or realigned under title II of
the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).’’.
(c) TECHNICAL CORRECTION.—Paragraphs (2) and (3) of section
2906(c) 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)
are each amended by striking out ‘‘after the termination of the
Commission’’ and inserting in lieu thereof ‘‘after the termination
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H. R. 2401—384
of the authority of the Secretary to carry out a closure or realign-
ment under this part’’.
SEC. 2922. LIMITATION ON EXPENDITURE OF FUNDS FROM THE
DEFENSE BASE CLOSURE ACCOUNT 1990 FOR MILITARY
CONSTRUCTION IN SUPPORT OF TRANSFERS OF FUNC-
TIONS.
(a) LIMITATION.—If the Secretary of Defense recommends to
the Defense Base Closure and Realignment Commission pursuant
to section 2903(c) of the 1990 base closure Act that an installation
be closed or realigned, the Secretary identifies in documents submit-
ted to the Commission one or more installations to which a function
performed at the recommended installation would be transferred,
and the recommended installation is closed or realigned pursuant
to such Act, then, except as provided in subsection (b), funds in
the Defense Base Closure Account 1990 may not be used for military
construction in support of the transfer of that function to any
installation other than an installation so identified in such
documents.
(b) EXCEPTION.—The limitation in subsection (a) ceases to be
applicable to military construction in support of the transfer of
a function to an installation on the 60th day following the date
on which the Secretary submits to the Committees on Armed Serv-
ices of the Senate and House of Representatives a notification
of the proposed transfer that—
(1) identifies the installation to which the function is to
be transferred; and
(2) includes the justification for the transfer to such
installation.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘1990 base closure Act’’ means the Defense
Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
(2) The term ‘‘Defense Base Closure Account 1990’’ means
the account established under section 2906 of the 1990 base
closure Act.
SEC. 2923. MODIFICATION OF REQUIREMENT FOR REPORTS ON
ACTIVITIES 
UNDER 
THE 
DEFENSE 
BASE 
CLOSURE
ACCOUNT 1990.
Section 2906(c)(1) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101–510; 10
U.S.C. 2687 note) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(2) by adding at the end the following:
‘‘(B) The report for a fiscal year shall include the following:
‘‘(i) The obligations and expenditures from the Account
during the fiscal year, identified by subaccount, for each mili-
tary department and Defense Agency.
‘‘(ii) The fiscal year in which appropriations for such
expenditures were made and the fiscal year in which funds
were obligated for such expenditures.
‘‘(iii) Each military construction project for which such
obligations and expenditures were made, identified by installa-
tion and project title.
‘‘(iv) A description and explanation of the extent, if any,
to which expenditures for military construction projects for
the fiscal year differed from proposals for projects and funding
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H. R. 2401—385
levels that were included in the justification transmitted to
Congress under section 2907(1), or otherwise, for the funding
proposals for the Account for such fiscal year, including an
explanation of—
‘‘(I) any failure to carry out military construction
projects that were so proposed; and
‘‘(II) any expenditures for military construction projects
that were not so proposed.’’.
SEC. 2924. RESIDUAL VALUE OF OVERSEAS INSTALLATIONS BEING
CLOSED.
(a) ANNUAL REPORTS.—Section 1304(a) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10
U.S.C. 113 note) is amended—
(1) in paragraph (1), by inserting ‘‘by installation’’ after
‘‘basing plan’’;
(2) by striking out paragraph (3) and inserting in lieu
thereof the following:
‘‘(3) both—
‘‘(A) the status of negotiations, if any, between the
United States and the host government as to (i) United
States claims for compensation for the fair market value
of the improvements made by the United States at each
installation referred to in paragraph (2), and (ii) any claims
of the host government for damages or restoration of the
installation; and
‘‘(B) the representative of the United States in any
such negotiations;’’;
(3) by redesignating paragraph (6) as paragraph (7); and
(4) by striking out paragraph (5) and inserting in lieu
thereof the following new paragraphs (5) and (6):
‘‘(5) the cost to the United States of any improvements
made at each installation referred to in paragraph (2) and
the fair market value of such improvements, expressed in con-
stant dollars based on the date of completion of the improve-
ments;
‘‘(6) in each case in which negotiations between the United
States and a host government have resulted in an agreement
for the payment to the United States by the host government
of the value of improvements to an installation made by the
United States, the amount of such payment, the form of such
payment, and the expected date of such payment; and’’.
(b) OMB REVIEW OF PROPOSED SETTLEMENTS.—Section 2921
of the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101–510; 10 U.S.C. 2687 note) is amended by adding
at the end the following:
‘‘(g) OMB REVIEW OF PROPOSED SETTLEMENTS.—The Secretary
of Defense may not enter into an agreement of settlement with
a host country regarding the release to the host country of improve-
ments made by the United States to facilities at an installation
located in the host country until 30 days after the date on which
the Secretary submits the proposed settlement to the Director of
the Office of Management and Budget. The Director shall evaluate
the overall equity of the proposed settlement. In evaluating the
proposed settlement, the Director shall consider such factors as
the extent of the United States capital investment in the improve-
ments being released to the host country, the depreciation of the
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H. R. 2401—386
improvements, the condition of the improvements, and any
applicable requirements for environmental remediation or restora-
tion at the installation.’’.
SEC. 2925. SENSE OF CONGRESS ON DEVELOPMENT OF BASE CLO-
SURE CRITERIA.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of Defense consider, in developing in accordance with
section 2903(b)(2)(B) of the Defense Base Closure and Realignment
Act of 1990 (Public Law 101–510; 10 U.S.C. 2687 note) amended
criteria, whether such criteria should include the direct costs of
such closures and realignments to other Federal departments and
agencies.
(b) REPORT ON AMENDMENT.—(1) The Secretary shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on any amended criteria developed
by the Secretary under section 2903(b)(2)(B) of the Defense Base
Closure and Realignment Act of 1990 after the date of the enact-
ment of this Act. Such report shall include a discussion of the
amended criteria and include a justification for any decision not
to propose a criterion regarding the direct costs of base closures
and realignments to other Federal agencies and departments.
(2) The Secretary shall submit the report upon publication
of the amended criteria in accordance with section 2903(b)(2)(B)
of the Defense Base Closure and Realignment Act of 1990.
SEC. 2926. INFORMATION RELATING TO RECOMMENDATIONS FOR
THE CLOSURE OR REALIGNMENT OF MILITARY INSTALLA-
TIONS.
(a) SUBMITTAL OF REPORT TO COMMISSION.—Subsection (c)(1)
of section 2903 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 striking out ‘‘March 15, 1995,’’ and
inserting in lieu thereof ‘‘March 1, 1995,’’.
(b) SUMMARY OF SELECTION PROCESS AND JUSTIFICATION OF
RECOMMENDATIONS.—Subsection (c)(2) of such section is amended
by adding at the end the following: ‘‘The Secretary shall transmit
the matters referred to in the preceding sentence not later than
7 days after the date of the transmittal to the congressional defense
committees and the Commission of the list referred to in paragraph
(1).’’.
(c) SUBMITTAL
OF INFORMATION
TO CONGRESS.—Subsection
(c)(6) of such section is amended to read as follows:
‘‘(6) Any information provided to the Commission by a person
described in paragraph (5)(B) shall also be submitted to the Senate
and the House or Representatives to be made available to the
Members of the House concerned in accordance with the rules
of that House. The information shall be submitted to the Senate
and House of Representatives within 24 hours after the submission
of the information to the Commission.’’.
(d) PUBLICATION OF INFORMATION ON CHANGES RECOMMENDED
BY
COMMISSION.—Subsection (d)(1)(2)(C)(iii) of such section is
amended by striking out ‘‘30 days’’ and inserting in lieu thereof
‘‘45 days’’.
SEC. 2927. PUBLIC PURPOSE EXTENSIONS.
Section 203 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 484) is amended—
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H. R. 2401—387
(1) in subsection (o) in the first sentence by inserting ‘‘or
(q)’’ after ‘‘subsection (p)’’; and
(2) by adding at the end the following:
‘‘(q)(1) Under such regulations as the Administrator, after con-
sultation with the Secretary of Defense, may prescribe, the Adminis-
trator, or the Secretary of Defense, in the case of property located
at a military installation closed or realigned pursuant to a base
closure law, may, in his or her discretion, assign to the Secretary
of Transportation for disposal such surplus real property, including
buildings, fixtures, and equipment situated thereon, as is rec-
ommended by the Secretary of Transportation as being needed
for the development or operation of a port facility.
‘‘(2) Subject to the disapproval of the Administrator or the
Secretary of Defense within 30 days after notice by the Secretary
of Transportation of a proposed conveyance of property for any
of the purposes described in paragraph (1), the Secretary of
Transportation, through such officers or employees of the Depart-
ment of Transportation as he or she may designate, may convey,
at no consideration to the United States, such surplus real property,
including buildings, fixtures, and equipment situated thereon, for
use in the development or operation of a port facility to any State,
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Trust Territory of the
Pacific Islands, the Commonwealth of the Northern Mariana
Islands, or any political subdivision, municipality, or instrumental-
ity thereof.
‘‘(3) No transfer of property may be made under this subsection
until the Secretary of Transportation has—
‘‘(A) determined, after consultation with the Secretary of
Labor, that the property to be conveyed is located in an area
of serious economic disruption;
‘‘(B) received and, after consultation with the Secretary
of Commerce, approved an economic development plan submit-
ted by an eligible grantee and based on assured use of the
property to be conveyed as part of a necessary economic develop-
ment program; and
‘‘(C) transmitted to Congress an explanatory statement that
contains information substantially similar to the information
contained in statements prepared under subsection (e)(6).
‘‘(4) The instrument of conveyance of any surplus real property
and related personal property disposed of under this subsection
shall—
‘‘(A) provide that all such property shall be used and main-
tained in perpetuity for the purpose for which it was conveyed,
and that if the property ceases to be used or maintained for
that purpose, all or any portion of the property shall, in its
then existing condition, at the option of the United States,
revert to the United States; and
‘‘(B) contain such additional terms, reservations, restric-
tions, and conditions as the Secretary of Transportation shall
by regulation require to assure use of the property for the
purposes for which it was conveyed and to safeguard the
interests of the United States.
‘‘(5) With respect to surplus real property and related personal
property conveyed pursuant to this subsection, the Secretary of
Transportation shall—
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H. R. 2401—388
‘‘(A) determine and enforce compliance with the terms,
conditions, reservations, and restrictions contained in any
instrument by which such conveyance was made;
‘‘(B) reform, correct, or amend any such instrument by
the execution of a corrective, reformative, or amendatory
instrument if necessary to correct such instrument or to con-
form such conveyance to the requirements of applicable law;
and
‘‘(C)(i) grant releases from any of the terms, conditions,
reservations, and restrictions contained in, and (ii) convey, quit-
claim, or release to the grantee any right or interest reserved
to the United States by, any instrument by which such convey-
ance was made, if the Secretary of Transportation determines
that the property so conveyed no longer serves the purpose
for which it was conveyed, or that such release, conveyance,
or quitclaim deed will not prevent accomplishment of the pur-
pose for which such property was so conveyed, except that
any such release, conveyance, or quitclaim deed may be granted
on, or made subject to, such terms and conditions as the Sec-
retary of Transportation considers necessary to protect or
advance the interests of the United States.
‘‘(6) In this section, the term ‘base closure law’ means the
following:
‘‘(A) Title II of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100–526;
10 U.S.C. 2687 note).
‘‘(B) The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note).
‘‘(C) Section 2687 of title 10, United States Code.’’.
SEC. 2928. EXPANSION OF CONVEYANCE AUTHORITY REGARDING
FINANCIAL FACILITIES ON CLOSED MILITARY INSTALLA-
TIONS TO INCLUDE ALL DEPOSITORY INSTITUTIONS.
(a) INCLUSION
OF
OTHER
DEPOSITORY
INSTITUTIONS
WITH
CREDIT UNIONS.—Section 2825 of the National Defense Authoriza-
tion Act for Fiscal Years 1992 and 1993 (Public Law 102–190;
10 U.S.C. 2687 note) is amended—
(1) by striking ‘‘credit union’’ each place it appears and
inserting in lieu thereof ‘‘depository institution’’;
(2) in subsection (c), by striking ‘‘business’’; and
(3) by adding at the end the following new subsection:
‘‘(e) DEPOSITORY INSTITUTION DEFINED.—For purposes of this
section, the term ‘depository institution’ has the meaning given
that term in section 19(b)(1)(A) of the Federal Reserve Act (12
U.S.C. 461(b)(1)(A)).’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘SEC. 2825. DISPOSITION OF FACILITIES OF DEPOSITORY INSTITU-
TIONS ON MILITARY INSTALLATIONS TO BE CLOSED.’’.
(2) The table of contents in section 2(b) of such Act is amended
by striking out the item relating to section 2825 and inserting
in lieu thereof the following:
‘‘2825. Disposition of facilities of depository institutions on military installations to
be closed.’’.
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