Defense Authorization Amendments and Base Closure and Realignment Act
PL 100-526 (S.2749), enacted 10/24/1988

PUBLIC LAW 100-526—OCT. 24, 1988 
102 STAT. 2623 
Public Law 100-526 
100th Congress 
An Act 
To provide certain additional fiscal year 1989 defense authorization policies, to 
provide procedures to facilitate the closure and realignment of obsolete or unneces-
sary military installations, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE 
This Act may be cited as the "Defense Authorization Amend-
ments and Base Closure and Realignment Act". 
TITLE I—ADDITIONAL FISCAL YEAR 1989 AUTHORIZATION 
PROVISIONS 
SEC. 101. ADDITIONAL AUTHORIZATIONS FOR MILITARY CONSTRUCTION 
AND LAND ACQUISITION PROJECTS 
(a) ARMY.—(1) In addition to projects otherwise authorized by law, 
the Secretary of the Army may acquire real property and may carry 
out a military construction project for the construction of a barracks 
modernization at Fort Bliss, Texas, in an amount not exceed 
$7,100,000. 
(2) In addition to projects otherwise authorized by law, the Sec-
retary of the Army may make advances to the Secretary of 
Transportation for the construction of defense access roads under 
section 210 of title 23, United States Code, at New Cumberland 
Army Depot, Pennsylvania, in an amount not to exceed $5,300,000. 
(3) In addition to any other authorization of appropriations for the 
Department of the Army, funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1988, for 
projects of the Department of the Army described in paragraphs (1) 
and (2) in the amount of $12,400,000. 
(4) The forty units of military family housing authorized to be 
constructed at Schofield Barracks, Hawaii, by section 2101 of the 
Military Construction Authorization Act, 1989, may be constructed 
at Helemano Military Reservation, Hawaii. 
Qy) AIR FORCE.—(1) In addition to projects otherwise authorized by 
law, the Secretary of the Air Force may acquire real property and 
may carry out military construction projects at Blytheville Air 
Force Base, Arkansas, in an amount not to exceed $4,086,000. 
(2) In addition to any other authorization of appropriations for the 
Department of the Air Force, funds are hereby authorized to be 
appropriated for fiscal years beginning after September 30,1988, for 
military construction and land acquisition projects of the Depart-
ment of the Air Force authorized by paragraph (1) in the amount of 
$4,086,000. 
Oct. 24, 1988 
[S. 2749] 
Defense 
Authorization 
Amendments 
and Base Closure 
and 
Realignment 
Act. 
10 u s e 2687 
note. 
102 STAT. 2624 
PUBLIC LAW 100-526—OCT. 24, 1988 
SEC. 102. ADDITIONAL AUTHORIZATIONS FOR GUARD AND RESERVE 
CONSTRUCTION AND LAND ACQUISITION PROJECTS 
(a) AUTHORIZATIONS OF APPROPRIATIONS.—In addition to funds 
otherwise authorized by law, there are authorized to be appro-
priated for fiscal years b^inning after September 30, 1988, for cost 
of acquisition, architectural and engineering services, and construc-
tion of facilities fol-the Guard and Reserve Forces, and for contribu-
tions therefor, under chapter 133 of title 10, United States Code 
(including the cost of acquisition of land for those facilities), the 
following amounts: 
(1) For the Department of the Army, $17,506,000 for the Army 
National Guard of the United States. 
(2) For the Department of the Air Force, $2,300,000 for the Air 
National Guard of the United States. 
Q)) AUTHORIZATION OF USE OF FUNDS FOR CERTAIN PROJECTS.— 
Construction and acquisition projects for the Air National Guard of 
the United States at the following locations and in the following 
amounts are authorized to be carried out using unexpended funds 
from amounts appropriated for fiscal years beginning before Octo-
ber 1,1988: 
(1) Anchorage Kulis Air National Guard Base, Alaska, 
$3 500 000 
(2) AUen C. Thompson Field, Mississippi, $2,000,000. 
SEC. 103. ARMY AIR DEFENSE SYSTEM 
(a) LIMITATION.—^The Secretary of the Army may obligate fiscal 
year 1989 missile procurement funds that are available for advance 
procurement for the Air Defense Anti-Tank (ADATS) System only to 
support continued low-rate production of such system. 
Ot)) FUNDS COVERED.—For purposes of subsection (a), fiscal year 
1989 missile procurement funds are funds appropriated to or for the 
use of the Army for fiscal year 1989 for procurement of missiles and 
funds otherwise made available to the Army for fiscal year 1989 for 
that purpose. 
SEC. 104. MULTIYEAR PROCUREMENT AUTHORITY 
Contracts. 
(a) REQUESTS FOR REUEF.—If for any fiscal year a multiyear 
President 
contact to be entered into under section 2306(h) of title 10, United 
10 use 2306 
states Code, is authorized by law for a particular procurement 
Qote. 
program and that authorization is subject to certain conditions 
established by law (including a condition as to cost savings to be 
achieved under the multiyear contract in comparison to specified 
other contracts) and if it appears (after negotiations with contrac-
tors) that such savings cannot be achieved, but that substantial 
savings could nevertheless be achieved through the use of a 
multiyear contract rather than specified other contracts, the Presi-
dent may submit to Congress a request for relief from the specified 
cost savings that must be achieved through multiyear contracting 
for that program. Any such request by the President shall include 
details about the request for a multiyear contract, including details 
about the n^otiated contract terms and conditions. 
(b) TOW II MISSILE PROGRAM.—Section 8031 of the Department of 
Ante, p. 2270-22. Defense Appropriations Act, 1989 (Public Law 100-463), is amended 
by striking out the last proviso. 
PUBLIC LAW 100-526—OCT. 24, 1988 
102 STAT. 2625 
SEC. ItSu nXED-PUCB DEVELOPMENT CONTRACTS 
Secticm 8085 of the Department of Defense Appropriations Act, 
1989 (Public Law 100-463), relating to fixed-price development type Ante, p. 2270-32. 
contracts, is amended by— 
(1) striking out "fixed price-type contracts** and inserting in 
lieni thereof "firm fixed-price contracts"; and 
striking out": Promded further^** and all diat follows through 
the end of the section and inserting in lieu thereof a x)eriocL 
SEC IM. TECHNICAL AMENDMENTS 
(a) CONFOSIIANCB OF AUTHORIZATION AND APPROPRIATION PROVI-
SIONS.—(1) Section 826(c) of the National Defense Authorization Act, 
Fiscal Year 1989 (PubUc Law 100-456), is amended— 
10 use 2324 
(A) in subsection (c), by inserting "and the Ck)mmittees on "°^-
Appropriations" after "(Jommittees on Armed Services"; and 
(B) in subsection (d), by striking out "three years after the 
date of the enactment of this Act" and inserting in lieu thereof 
"on September 30,1991". 
(2) Section 8105 ci the Department of Defense Appropriations Act, 
1989 (Public Law 100-463), and the amendment made by that sec- 10 use 2324 and 
tion, shall cease to be effective. 
^°^-
(b) DsFiNmoNS.—(1) Section 1095a(c) of title 10, United States 
Code, is amended— 
(A) in paragraph (1), by striking out *\\) 'Captive" and insert-
ing in lieu tiiereof "(1) The terms ^captive"; and 
(B) in paragrs^h (2), by striking out "(2) 'Dependent" and 
inserting in lieu ^lereof 'X2) The term 'dependent . 
(2) Section 2683(c) of such title is amended— 
(A) in paragraph (2XB), by inserting "the term" after "In 
subparagraph (A),"; and 
(B) in paragraph (4)— 
(i) by inserting "The term" after "(A)"; and 
(ii) by striking out "(B) 'Minimum" and inserting in lieu 
thereof "(B) The term 'minimum". 
(C) CORRBCnON OF REFERENCE TO SCHOOL OF THE AMERICAS.— 
Section 4415 of title 10, United States Code, is amended by striking 
out "School for the Americas" in subsections Qo) and (c) and insert-
ing in lieu thereof "School of the Americas". 
SEC 1«7. TERM OF OFFICE OF VICE (^AIRMAN OF JOINT CHIEFS OF 
10 USe 154 note. 
STAfT 
Notwithstanding the term of office stated in tlie first sentence of 
section 154(aK3) oi title 10, United States Code, the President may 
ext^id until June 1,1989, the term of office of the ofEioer serving as 
Vice Cliainnan of the Joint C3iie£3 of Staff* for the term which bei:an 
on Fehruaiy 6,1987. 
SECltfL KEPOirr ON CLOSE AIR SUPPORT ALTERNATIYBS 
(a) ABSBSSMENT.—(1) Tlie Secretary of Defense shall conduct an 
independent assessment of Army and Air Force studies and analyses 
of dose air support aircraft alternatives for meeting the military 
requirements <^ the United States (A) for the interim period 
betwem the date of the completion of the assessment and the year 
2000, and (B) for the pericxl after such year. 
(2) In omiducting oich assessment, the Secretary shall consider 
both the development of new aircraft and the modification of exist> 
102 STAT. 2626 
PUBLIC LAW 100-526—OCT. 24, 1988 
Classified 
information. 
Public 
information. 
Ante, p. 2035. 
President of U.S. 
President of U.S. 
Classified 
information. 
Public 
information 
Maryland. 
New York. 
ing aircraft, including the A-7 Plus Strikefighter, the F/A-16, the 
AV-8B, and the A-10 aircraft in current or modified configuration. 
(3) In conducting such assessment, the Secretary shall also address 
the following issues: 
(A) Cost. 
(B) Development and production schedules. 
(C) Technical risks. 
(D) Manpower requirements. 
(E) Force structure. 
(F) Five-year funding profiles. 
(G) Cost effectiveness. 
(H) Military effectiveness. 
(b) OPERATIONAL TEST PLAN.—The Director of Defense Oper-
ational Test and Evaluation shall develop an operational test plan 
for a competitive fly-off of alternative aircraft for the close air 
support mission. The Director shall complete the development of 
such plan no later than March 31,1989. In developing such plan, the 
Director shall consult with the Air Force Test and Evaluation 
Center, the Army Operational Testing and Evaluation Activity, and 
the Marine Corps Operational Test and Evaluation Activity. 
(c) TRANSFER FEASIBILITY.—The Secretary of Defense shall assess 
the feasibility of transferring, no later than fiscal year 1992, the 
close air support mission from the Air Force to the Army. In 
conducting such assessment, the Secretary shall consider the cost, 
schedules, five-year funding profiles, manpower requirements, and 
force structure implications of such a transfer. 
(d) REPORTS.—Not later than March 31, 1989, the Secretary of 
Defense shall submit to the Committees on Armed Services and the 
Committees on Appropriations of the Senate and the House of 
Representatives an interim report on the matters referred to in 
subsections (a) through (c). The Secretary shall submit a final report 
on such matters to those Committees not later than December 31, 
1989. Such reports shall be submitted in both classified and unclassi-
fied form. 
SEC. 109. EXTENSION OF DATE FOR REPORT ON POTENTIAL START 
TREATY 
Section 908 of the National Defense Authorization Act, Fiscal 
Year 1989, is amended— 
(1) in subsection G)), by striking out "September 15,1988" and 
inserting in lieu thereof "March 15,1989"; and 
(2) by striking out subsection (c) and inserting in lieu thereof 
the following: 
"(c) INTERIM REPORT.—The President shall submit an interim 
report to Congress containing the information described in subsec-
tion (b) not later than December 15,1988. 
"(d) FORM OF REPORT.—The President shall submit the reports 
under subsections (b) and (c) in both classified and unclassified 
form.". 
SEC. 
110. 
TRANSFER 
OF 
CERTAIN 
OBSOLETE 
SUBMARINES 
Clauses (2) and (3) of section 7308(c) of title 10, United States Code, 
shall not apply with respect to transfers, under section 7308(a) of 
such title, of obsolete vessels by the Secretery of the Navy as follows: 
(1) Transfer of the obsolete submarine United States ship 
Blenny to the town of Ocean City, Maryland. 
PUBLIC LAW 100-526—OCT. 24, 1988 
102 STAT. 2627 
(2) Transfer of the obsolete submarine ex-Croaker (ex-SS-246) 
to the Buffalo and Erie County Naval and Servicemen's Park, a 
nonprofit corporation organized under the laws of the State of 
New York. 
TITLE II—CLOSURE AND REALIGNMENT OF MILITARY 
lo use 2687 
INSTALLATIONS 
note. 
SEC. 201. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS 
The Secretary shall— 
(1) close all military installations recommended for closure by 
the Commission on Base Realignment and Closure in the report 
transmitted to the Secretary pursuant to the charter establish-
ing such Commission; 
(2) realign all military installations recommended for realign-
ment by such Commission in such report; and 
(3) initiate all such closures and realignments no later than 
September 30, 1991, and complete all such closures and 
realignments no later than September 30, 1995, except that no 
such closure or realignment may be initiated before January 1, 
1990. 
SEC. 202. CONDITIONS 
(a) IN GENERAL.—The Secretary may not carry out any closure or 
reaJignment of a military installation under this title unless— 
(1) no later than January 16, 1989, the Secretary transmits to Reports, 
the Committees on Armed Services of the Senate and the House 
of Representatives a report containing a statement that the 
Secretary has approved, and the Department of Defense will 
implement, all of the military installation closures and 
realignments recommended by the Commission in the report 
referred to in section 201(1); 
(2) the Commission has recommended, in the report referred 
to in section 201(1), the closure or realignment, as the case may 
be, of the installation, and has transmitted to the Committees 
on Armed Services of the Senate and the House of Representa-
tives a copy of such report and the statement required by 
section 203(bX2); and 
(3) the Secretary of Defense has transmitted to the Commis-
sion the study required by section 206(b). 
(b) JOINT RESOLUTION.—The Secretary may not carry out any 
closure or realignment under this title if, within the 45-day period 
beginning on March 1, 1989, a joint resolution is enacted, in accord-
ance with the provisions of section 208, disapproving the rec-
ommendations of the Commission. The days on which either House 
of Congress is not in session because of an adjournment of more 
than 3 days to a day certain shall be excluded in the computation of 
such 45-day period. 
(c) TERMINATION OF AUTHORITY.—The authority of the Secretary 
to carry out any closure or realignment under this title shall 
terminate on October 1,1995. 
SEC. 203. THE COMMISSION 
(a) MEMBERSHIP.—The Commission shall consist of 12 members 
appointed by the Secretary of Defense. 
(b) DUTIES.—The Commission shall— 
102 STAT. 2628 
PUBLIC LAW 100-526—OCT. 24, 1988 
Reports. 
Reports. 
Community 
development. 
Environmented 
protection. 
Waste disposal. 
Hazardous 
materials. 
0 ) traDsmit tlie report referred to in section 201(1) to the 
Secretaiy no later thaai December 31,1988, and shall include in 
aaxb. report a description of the Commission's recommendations 
of the nulitary installations to which functions will be trans-
ferred as a result of the closures and realignments rec-
ommended by the Commission; and 
(2) on the same date on which the Commission transmits such 
r^ort to the Secretary, transmit to Committees on Armed 
Services (
r
f
* the Senate and the House of Representatives— 
(A) a copy of such report; and 
(B) a statement certifying that the Commission has 
identified the military installations to be closed or re-
aligned by reviewing all military installations inside the 
United States, including all military installations under 
construction and all those planned for construction. 
(c) STAFF.—^Not more than one-half of the professional stafT of the 
GommisBion shall be individuals who have been employed by the 
D^nrtment of Defense during calendar year 1988 in any capacity 
other than as an onployee of tibe Commission. 
SEC. 204. IMPLEMENTATION 
(a) IN GENERAI^—^In closing or realigning a military installation 
under this title, the Secretary— 
(1) subject to the availability of funds authorized for and 
appropriated to the Department of Defense for use in planning 
and ^sign, minor construction, or operation and maintenance 
and the availability of funds in the Account, may carry out 
actions necessary to implement such closure or realignment, 
including the acquisition of such land, the construction of such 
replacement facilities, the performance of such activities, and 
the conduct of such advance planning and design as may be 
required to transfer functions from such military installation to 
another military installation; 
(2) subject to the availability of funds authorized for and 
appropriated to the Department of Defense for economic adjust-
ment assistance or community planning assistance and the 
availability of funds in the Account, shall provide— 
(A) economic adjustment assistance to any community 
located near a military installation being closed or re-
aligned; and 
CB) community planning assistance to any community 
located near a military installation to which functions will 
be transferred as a result of such closure or realignment, 
if Uie Secretary determines that the financial resources avail-
able to the community (by grant or otherwise) for such purposes 
are inadequate; and 
(3) subject to the availability of funds authorized for and 
appropriated to the Department of Defense for environmental 
restoration and the availability of funds in the Account, may 
carry out activities for the purpose of environmental restora-
tion, including reducing, removing, and recycling hazardous 
wastes and removing un^ie buildings and debris. 
(b) MANAGEMENT AND DISPOSAL OF F^PERTY.—(1) The Adminis-
trator of General Services shall del^ate to the Secretary, with 
respect to excess and surplus real property and facilities located at a 
military installation closed or realigned under this title— 
PUBLIC LAW 100-526—OCT. 24, 1988 
102 STAT. 2629 
(A) the authority of the Administrator to utilize excess prop-
erty under section 202 of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 483); 
(B) the authority of the Administrator to dispose of surplus 
property under section 203 of that Act (40 U.S.C. 484); and 
(C) the authority of the Administrator to grant approvals and 
make determinations under section 13(g) of the Surplus Prop-
erty Act of 1944 (50 U.S.C. App, 1622(g)). 
(2XA) Sidject to subparagraph (B), the Secretary shall exercise 
authority del^ated to the Secretary pursuant to paragraph (1) in 
accordance with— 
(i) all r^ulations in effect on the date of the enactment of this 
tide governing utilization of excess property and disposal of 
surplus property under the Federal Property and Administra-
tive Services Act of 1949; and 
(ii) all regulations in effect on the date of the enactment of 
this title governing the conveyance and disposal of property 
under section 13(g) of the Surplus Property Act of 1944 (50 
U5.C. App. 1622(g)). 
(B) The Secretary, after consulting with the Administrator of 
General Services, may issue r^ulations that are necessary to carry 
out tlie delegation of authority required by paragraph (1). 
(C) The authority required to be del^ated by paragraph (1) to the 
Secietary by the Administrator of General Services shall not in-
clude the authority to prescribe general policies and methods for 
utilizing access property and disposing of surplus property. 
(D) Before any acttion may be taken with respect to the disposal of State and local 
any surplus real property or facility located at any military installa- governments. 
tion to be closed or realigned under this title, the Secretary shall 
consult with the Governor of the State and the heads of the local 
governments concerned for the purpose of considering any plan for 
the use of such property by the local community concerned. 
(E!) The provisions of this paragraph and paragraph (1) aro subject 
to paragraphs (3) and (4). 
(3) Before any action is taken with respect to the dispc^al or 
transfer of any real property or facility located at a military 
installation to be closed or realigned under this title, the Secretary 
shall notify all departments and other instrumentalities (including 
nonappropriated fond instrumentsdities) within the Department of 
Defense of tiie availability of such property or facility, or portion 
thereof, and may transfer such property, facility, or portion, without 
reimbursement, to any such department or instrumentality. In 
carrying out this paragraph, the Secretary shall give a priority, and 
shall tranrfer, to any such department or other instrumentality that 
agrees to pay fair market value for the property or facility, or 
portion thereof. For purposes of this paragraph, fair market value 
shall be determined on the basis of the use of the property or facility 
on December 31, 1988. This paragraph shall take precedence over 
any other provision of this title or other provision of law with 
respect to the disposal or transfer of real property or facility located 
at a military installation to be closed or realigned under this title. 
(4XA) Except as provided in subparagraph (B), all proceeds— 
(i) from any transfer under paragraph (3); and 
(ii) from the transfer or disposal of any other property or 
facility made as a result of a closure or realignment under this 
title, 
shall be deposited into the Account established by section 207(aXl)-
102 STAT. 2630 
PUBLIC LAW 100-526—OCT. 24, 1988 
03) In any case in which the General Services Administration is 
involved in the management or disposal of such property or facility, 
the Secretary shall reimburse the Administrator of General Services 
from the proceeds of such disposal, in accordance with section 1535 
of title 31, United States Code, for any expenses incurred in such 
activities. 
(c) APPUCABIUTT OF OTHER LAW.—(1) The provisions of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 
not apply to— 
(A) the actions of the Commission, including selecting the 
military installations which the Commission recommends for 
closure or realignment under this title, recommending any 
military installation to receive functions from an installation to 
be closed or realigned, and making its report to the Secretary 
and the committees under section 203(b); and 
(B) the actions of the Secretary in establishing the (Commis-
sion, in determining whether to accept the recommendations of 
the Commission, in selecting any military installation to receive 
functions from an installation to be closed or realigned, and in 
transmitting the report to the Conmiittees referred to in section 
202(aXl). 
(2) The provisions of the National Environmental Policy Act of 
1969 shall apply to the actions of the Secretary (A) during the 
process of the closing or realigning of a military installation after 
such military installation has been selected for closure or realign-
ment but before the installation is closed or realigned and the 
functions relocated, and (B) during the process of the relocating of 
functions from a inilitary installation being closed or realigned to 
another military installation after the receiving installation has 
been selected but before the functions are relocated. In applying the 
provisions of such Act, the Secretary shall not have to consider— 
(i) the need for closing or resdigning a military installation 
whidi has been selected for closure or realignment by the 
Commission; 
(ii) the need for transferring functions to another military 
installation which has been selected as the receiving installa-
tion; or 
(iii) alternative military installations to those selected. 
Claims. 
(3) A civil action for judicial review, with respect to any require-
ment of the National Ehivironmental Policy Act of 1969 to the extent 
such Act is applicable under paragraph (2), or with respect to any 
requirement of the Commission made by this title, of any action or 
failure to act by the Secretary during the closing, realigning, or 
relocating referred to in clauses (A) and (B) of paragraph (2), or of 
any action or failure to act by the C!ommission under this title, may 
not be brought later than the 60th day after the date of such action 
or failure to act. 
SEC 205. WAIVER 
The Secretary may carry out this title without regard to— 
(1) any provision of law restricting the use of funds for closing 
or realigning military installations included in any appropria-
tion or authorization Act; and 
(2) the procedures set forth in sections 2662 and 2687 of title 
10, United States Ckxle. 
PUBLIC LAW 100-526—OCT. 24, 1988 
102 STAT. 2631 
SEC 206. REPORTS 
(a) IN GENERAL.—As part of each annual budget request for the 
Department of Defense, the Secretary shall transmit to the appro-
priate committees of Congress— 
(1) a schedule of the closure and realignment actions to be 
carried out under this title in the fiscal year for which the 
request is made and an estimate of the total expenditures 
required and cost savings to be achieved by each such closure 
and realignment and of the time period in which these savings 
are to be achieved in each case, t(^ether with the Secretary's 
assessment of the environmental effects of such actions; and 
(2) a description of the mihtary installations, including those 
under construction and those planned for construction, to which 
functions are to be transferred as a result of such closures and 
realignments, together with the Secretary's assessment of the 
environmental effects of such transfers. 
(b) STUDY.—(1) The Secretary shall conduct a study of the military 
installations of the United States outside the United States to 
determine if efficiencies can be realized through closure or realign-
ment of the overseas base structure of the United States. Not later 
than October 15, 1988, the Secretary shall transmit a report of the 
findings and conclusions of such study to the Commission and to 
the Conmiittees on Armed Services of the Senate and the House of 
Representatives. In developing its recommendations to the Sec-
retary under this title, the Conunission shall consider the Sec-
retary's study. 
(2) Upon request of the Commission, the Secretary shall provide 
the Commission with such information about overseas bases as may 
be helpful to the Commission in its deUberations. 
(3) "The Commission, based on its analysis of military installations 
in the United States and its review of the Secretary's study of the 
overseas base structure, may provide the Secretary with such com-
ments and suggestions as it considers appropriate regarding the 
Secretary's study of the overseas base structure. 
SEC 207. FUNDING 
(a) ACCOUNT.—(1) There is hereby established on the books of the 
Treasury an account to be known as the ''Department of Defense 
Base Closure Account" which shall be administered by the Sec-
retary as a single account. 
(2) There shall be deposited into the Account— 
(A) funds authorized for and appropriated to the Account with 
respect to fiscal year 1990 and fiscal years beginning thereafter; 
(B) any funds that the Secretary may, subject to approval in 
an appropriation Act, transfer to the Account from funds appro-
priated to the Department of Defense for any purpose, except 
that such funds may be transferred only after the date on which 
the Secretary transmits written notice of, and justification for, 
such transfer to the appropriate committees of Congress; and 
(C) proceeds described in section 2040t>X4XA). 
(3XA) The Secretary may use the funds in the Accoimt only for the 
purposes described in section 204(a). 
(B) When a decision is made to use funds in the Account to carry 
out a construction project under section 204(aXl) and the cost of the 
project will exceed the maximum amount authorized by law for a 
minor construction project, the Secretory shall notify in writing the 
appropriate committees of Congress of the nature of, and justifica-
102 STAT. 2632 
PUBLIC LAW 100-526—OCT. 24, 1988 
tion for, the project and the amount of expenditures for such project. 
Any such construction project may be carried out without regard to 
section 2802(a) of title 10, United States Code. 
Reports. 
(4) No later than 60 days after the end of each fiscal year in which 
the Secretary carries out activities under this title, the Secretary 
shall transmit a report to the appropriate committees of Congress of 
the amount and nature of the deposits into, and the expenditures 
from, the Account during such fiscal year and of the amount and 
nature of other expenditures made pursuant to section 204(a) during 
such fiscal year. 
(5) Unobligated funds which remain in the Account after the 
termination of the authority of the Secretary to carry out a closure 
or realignment under this title shall be held in the Account until 
transferred by law after the appropriate committees of Congress 
receive the report transmitted under paragraph (6). 
Reports. 
(6) No later than 60 da3rs after the termination of the authority of 
the Secretary to carry out a closure or realignment under this title, 
the Secretary shall transmit to the appropriate committees of Con-
gress a report containing an accounting of— 
(A) all the funds deposited into and expended from the 
Account or otherwise expended under this title; and 
(B) any amount remaining in the Account. 
SEC. 208. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT 
(a) TERMS OF THE RESOLUTION.—For purposes of section 2020^), the 
term "joint resolution" means only a joint resolution which is 
introduced before March 15,1989, and— 
(1) which does not have a preamble; 
(2) the matter after the resolving clause of which is as follows: 
'"ITiat Congress disapproves the recommendations of the 
Commission on Base Realignment and Closure established by 
the Secretary of Defense as submitted to the Secretary of 
Defense on 
", the blank space being appropriately 
filled in; and 
(3) the title of which is as follows: "Joint resolution disapprov-
ing the recommendations of the Commission on Base Realign-
ment and Closure.". 
(b) REFERRAL.—A resolution described in subsection (a), introduced 
in the House of Representatives shall be referred to the Committee 
on Armed Services of the House of Representatives. A resolution 
described in subsection (a) introduced in the Senate shall be referred 
to the Committee on Armed Services of the Senate. 
(c) DISCHARGE.—If the committee to which a resolution described 
in subsection (a) is referred has not reported such resolution (or an 
identical resolution) before March 15,1989, such committee shall be, 
as of March 15,1989, discharged from further consideration of such 
resolution, and such resolution shall be placed on the appropriate 
calendar of the House involved. 
(d) CONSIDERATION.—(1) On or after the third day after the date on 
which the committee to which such a resolution is referred has 
reported, or has been discharged (under subsection (c)) from further 
consideration of, such a resolution, it is in order (even though a 
previous motion to the same effect has been disagreed to) for any 
Member of the respective House to move to proceed to the consider-
ation of the resolution (but only on the day after the calendar day on 
which such Member announces to the House concerned the Mem-
ber's intention to do so). All points of order against the resolution 
PUBLIC LAW 100-526—OCT. 24, 1988 
102 STAT. 2633 
(and against consideration of the resolution) are waived. The motion 
is highly privil^ed in the House of Representatives and is privi-
l^ed in the Senate and is not debatable. The motion is not subject to 
amendment, or to a motion to postpone, or to a motion to pnx^ed to 
the consideration of other business. A motion to reconsider the vote 
by which the motion is agreed to or disagreed to shall not be in 
order. If a motion to proceed to the consideration of the resolution is 
agreed to, the respective House shall immediately proceed to consid-
eration of the joint resolution without intervening motion, order, or 
other business, and the resolution shall remain the unfinished 
business of the respective House until disposed of. 
(2) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 
10 hours, which shall be divided equally between those favoring and 
those opposing the resolution. An amendment to the resolution is 
not in order. A motion further to limit debate is in order and not 
debatable. A motion to postpone, or a motion to proceed to the 
consideration of other business, or a motion to recommit the resolu-
tion is not in order. A motion to reconsider the vote by which the 
resolution is agreed to or disagreed to is not in order. 
(3) Immediately following the conclusion of the debate on a resolu-
tion described in subsection (a) and a single quorum call at the 
conclusion of the debate if requested in accordance with the rules of 
the appropriate House, the vote on final passage of the resolution 
shall occur. 
(4) Appeals from the decisions of the Chair relating to the applica-
tion of the rules of the Senate or the House of Representatives, as 
the case may be, to the procedure relating to a resolution described 
in subsection (a) shall be decided without debate. 
(e) CoNSTOERATiON B
Y OTHER HOUSE.—(1) If, before the passage by 
one House of a resolution of that House described in sul^ection (a), 
that House receives from the other House a resolution described in 
subsection (a), then the following procedures shall apply: 
(A) The resolution of the other House shall not be referred to 
a committee and may not be considered in the House receiving 
it except in the case of final passage as provided in subpara-
graph (BXii). 
(B) With respect to a resolution described in subsection (a) of 
the House receiving the resolution— 
(i) the procedure in that House shall be the same as if no 
resolution had been received from the other House; but 
(ii) the vote on final passage shall be on the resolution of 
the other House. 
(2) Upon disposition of the resolution received from the other 
House, it shall no longer be in order to consider the resolution that 
originated in the receiving House. 
(f) RULES OF THE SENATE AND HOUSE.—This section is enacted by 
Congress— 
(1) as an exercise of the rulemaking power of the Senate and 
House of Representatives, respectively, and as such it is deemed 
a part of the rules of each House, respectively, but applicable 
only with respect to the procedure to be followed in that House 
in the case of a resolution described in subsection (a), and it 
supersedes other rules only to the extent that it is inconsistent 
with such rules; and 
(2) with full recognition of the constitutional right of either 
House to change the rules (so far as relating to the procedure of 
102 STAT. 2634 
PUBLIC LAW 100-526—OCT. 24, 1988 
that House) at any time, in the same manner, and to the same 
extent as in the case of any other rule of that House. 
SEC. 209. DEFINITIONS 
In this title: 
(1) The term "Account" means the Department of Defense 
Base Closure Account established by section 207(a)(1). 
(2) The term "appropriate committees of Congress" means the 
Committees on Armed Services and the Committees on Appro-
priations of the Senate and the House of Representatives. 
(3) The terms "Commission on Base Realignment and Clo-
sure" and "Commission" mean the Commission established by 
the Secretary of Defense in the charter signed by the Secretary 
on May 3, 1988, and as altered thereafter with respect to the 
membership and voting. 
(4) The term "charter establishing such Commission" means 
the charter referred to in paragraph (3). 
(5) The term "initiate" includes any action reducing functions 
or civilian personnel positions but does not include studies, 
planning, or similar activities carried out before there is a 
reduction of such functions or positions. 
(6) The term "military installation" means a base, camp, post, 
station, yard, center, homeport facility for any ship, or other 
activity under the jurisdiction of the Secretary of a military 
department. 
(7) The term "realignment" includes any action which both 
reduces and relocates functions and civilian personnel positions. 
(8) The term "Secretary" means the Secretary of Defense. 
(9) The term "United States" means the 50 States, the District 
of Columbia, the Commonwealth of Puerto Rico, Guam, the 
Virgin Islemds, American Samoa, and any other commonwealth, 
territory, or possession of the United States. 
Approved October 24, 1988. 
LEGISLATIVE HISTORY—S. 2749 (H.R. 4264): 
HOUSE REPORTS: No. 100-1076 (Comm. of Ck)nference); No. 100-563 (Comm. on 
Armed Services) and No. 100-753 (Comm. of Conference), both 
accompanying H.R. 4264. 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Apr. 26-29, May 2-5, 11, H.R. 4264 considered and passed House. 
May 27, considered and passed Senate, amended, in lieu of S. 2355. 
July 14, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Aug. 3, Presidential veto message of H.R. 4264. 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Aug, 11, S. 2749 considered and passed Senate. 
Oct. 3, considered and passed House, amended. 
Oct. 12, Senate and House agreed to conference report to S. 2749.