10 U.S.C. § 2687 — Base closures and realignments

Page 2096 TITLE 10—ARMED FORCES § 2687 (7) Ice. (8) Mechanical refrigeration. (9) Telephone service. (b) Proceeds of sales under subsection (a) shall be credited to the appropriation currently avail- able for the supply of that utility or service. (c) To meet local needs the Secretary con- cerned may make minor expansions and exten- sions of any distributing system or facility within an activity through which a utility or service is furnished under subsection (a). (Aug. 10, 1956, ch. 1041, 70A Stat. 141, § 2481; Pub. L. 86–156, Aug. 14, 1959, 73 Stat. 338; renumbered § 2686, Pub. L. 105–85, div. A, title III, § 371(b)(1), Nov. 18, 1997, 111 Stat. 1705; Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(viii), Jan. 1, 2021, 134 Stat. 3821.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2481(a) ..... 5:626s. 5:626s–1 (less words be- tween semicolon and colon). 10:1269. July 30, 1947, ch. 394, 61 Stat. 675; Aug. 8, 1949, ch. 403, § 5, 63 Stat. 576. 10:1269a (less words be- tween semicolon and colon). 34:553a. 34:553b (less words be- tween semicolon and colon). 2481(b) ..... 5:626s–1 (words between semicolon and colon). 10:1269a (words between semicolon and colon). 34:553b (words between semicolon and colon). 2481(c) ..... 5:626s–2. 10:1269b. 34:553c. In subsection (a), the words ‘‘within his establish- ment’’, ‘‘of time’’, and the opening clauses of 5:626s–1, 10:1269a, and 34:553b, are omitted as surplusage. The words ‘‘not available from another local source’’ are substituted for the words ‘‘not otherwise available from local private or public sources’’. In subsection (b), the words ‘‘of sales under sub- section (a)’’ are substituted for the words ‘‘received for any such utilities and related services sold pursuant to the authority of said sections’’. The words ‘‘or appro- priations’’ are omitted as surplusage. Editorial Notes PRIOR PROVISIONS A prior section 2686, added Pub. L. 95–82, title V, § 504(a)(1), Aug. 1, 1977, 91 Stat. 371; amended Pub. L. 95–356, title V, § 503(a), Sept. 8, 1978, 92 Stat. 579; Pub. L. 96–125, title V, § 502(a), Nov. 26, 1979, 93 Stat. 940; Pub. L. 96–418, title V, § 504(a), Oct. 10, 1980, 94 Stat. 1765, re- lated to military family housing leases, prior to repeal by Pub. L. 97–214, §§ 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisi- tion of military family housing authorized before, on, or after such date. See section 2828(a), (b) of this title. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, Space Force,’’ for ‘‘Marine Corps,’’ in introduc- tory provisions. 1997—Pub. L. 105–85 renumbered section 2481 of this title as this section. 1959—Subsec. (a). Pub. L. 86–156, § 1(1), substituted ‘‘concerned’’ for ‘‘of a military department’’ and in- serted ‘‘or Coast Guard,’’ after ‘‘Marine Corps,’’. Subsec. (c). Pub. L. 86–156, § 1(2), struck out ‘‘of the military department’’ after ‘‘Secretary’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 2687. Base closures and realignments (a) Notwithstanding any other provision of law, no action may be taken to effect or imple- ment— (1) the closure of any military installation at which at least 300 civilian personnel are au- thorized to be employed; (2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of ci- vilian personnel authorized to be employed at such military installation at the time the Sec- retary of Defense or the Secretary of the mili- tary department concerned notifies the Con- gress under subsection (b) of the Secretary’s plan to close or realign such installation; or (3) any construction, conversion, or rehabili- tation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realign- ment to which clause (1) or (2) applies, unless and until the provisions of subsection (b) are complied with. (b) No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until— (1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services of the Sen- ate and the Committee on Armed Services of the House of Representatives, as part of an an- nual request for authorization of appropria- tions to such Committees, of the proposed closing or realignment and submits with the notification— (A) an evaluation of the fiscal, local eco- nomic, budgetary, environmental, strategic, and operational consequences of such clo- sure or realignment; and (B) the criteria used to consider and rec- ommend military installations for such clo- sure or realignment, which shall include at a minimum consideration of— (i) the ability of the infrastructure (in- cluding transportation infrastructure) of both the existing and receiving commu- nities to support forces, missions, and per- sonnel as a result of such closure or re- alignment; and (ii) the costs associated with community transportation infrastructure improve- ments as part of the evaluation of cost savings or return on investment of such closure or realignment; and Page 2097 TITLE 10—ARMED FORCES § 2687 (2) a period of 30 legislative days or 60 cal- endar days, whichever is longer, expires fol- lowing the day on which the notice and eval- uation referred to in clause (1) have been sub- mitted to such committees, during which pe- riod no irrevocable action may be taken to ef- fect or implement the decision. (c) No action described in subsection (a) with respect to the closure of, or realignment with respect to, any military installation referred to in such subsection may be taken within five years after the date on which a decision is made to reduce the civilian personnel thresholds below the levels prescribed in such subsection. (d) This section shall not apply to the closure of a military installation, or a realignment with respect to a military installation, if the Presi- dent certifies to the Congress that such closure or realignment must be implemented for reasons of national security or a military emergency. (e)(1) After the expiration of the period of time provided for in subsection (b)(2) with respect to the closure or realignment of a military instal- lation, funds which would otherwise be available to the Secretary to effect the closure or realign- ment of that installation may be used by him for such purpose. (2) Nothing in this section restricts the au- thority of the Secretary to obtain architectural and engineering services under section 2807 of this title. (f) If the Secretary of Defense or the Secretary of the military department concerned deter- mines, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), that a significant transportation impact will occur as a result of an action described in subsection (a), the action may not be taken unless and until the Secretary of Defense or the Secretary of the military department concerned— (1) analyzes the adequacy of transportation infrastructure at and in the vicinity of each military installation that would be impacted by the action; (2) concludes consultation with the Sec- retary of Transportation with regard to such impact; (3) analyzes the impact of the action on local businesses, neighborhoods, and local govern- ments; and (4) includes in the notification required by subsection (b)(1) a description of how the Sec- retary intends to remediate the significant transportation impact. (g) In this section: (1) The term ‘‘military installation’’ means a base, camp, post, station, yard, center, homeport facility for any ship, or other activ- ity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Common- wealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or Guam. Such term does not include any facility used pri- marily for civil works, rivers and harbors projects, or flood control projects. (2) The term ‘‘civilian personnel’’ means di- rect-hire, permanent civilian employees of the Department of Defense. (3) The term ‘‘realignment’’ includes any ac- tion which both reduces and relocates func- tions and civilian personnel positions, but does not include a reduction in force resulting from workload adjustments, reduced personnel or funding levels, skill imbalances, or other similar causes. (4) The term ‘‘legislative day’’ means a day on which either House of Congress is in ses- sion. (Added Pub. L. 95–82, title VI, § 612(a), Aug. 1, 1977, 91 Stat. 379; amended Pub. L. 95–356, title VIII, § 805, Sept. 8, 1978, 92 Stat. 586; Pub. L. 97–214, § 10(a)(8), July 12, 1982, 96 Stat. 175; Pub. L. 98–525, title XIV, § 1405(41), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 99–145, title XII, § 1202(a), Nov. 8, 1985, 99 Stat. 716; Pub. L. 100–180, div. A, title XII, § 1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 101–510, div. B, title XXIX, § 2911, Nov. 5, 1990, 104 Stat. 1819; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 110–417, div. B, title XXVIII, § 2823(a), Oct. 14, 2008, 122 Stat. 4730; Pub. L. 112–81, div. B, title XXVII, § 2704, Dec. 31, 2011, 125 Stat. 1682; Pub. L. 112–239, div. A, title X, § 1076(f)(33), div. B, title XXVII, § 2712(a), Jan. 2, 2013, 126 Stat. 1954, 2144.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (f), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2013—Subsecs. (c) to (e). Pub. L. 112–239, § 2712(a)(2), (3), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (g). Subsec. (f). Pub. L. 112–239, § 1076(f)(33), substituted ‘‘as a result’’ for ‘‘at a result’’ in introductory provi- sions. Subsec. (g). Pub. L. 112–239, § 2712(a)(1), redesignated subsec. (e) as (g). 2011—Subsec. (b)(1). Pub. L. 112–81, § 2704(a), sub- stituted ‘‘notification—’’ for ‘‘notification’’, inserted subpar. (A) designation before ‘‘an evaluation’’, and added subpar. (B). Subsec. (f). Pub. L. 112–81, § 2704(b), added subsec. (f). 2008—Subsec. (e)(1). Pub. L. 110–417 inserted ‘‘the Commonwealth of the Northern Mariana Islands,’’ after ‘‘Virgin Islands,’’. 1999—Subsec. (b)(1). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. 1996—Subsec. (b)(1). Pub. L. 104–106 substituted ‘‘Com- mittee on Armed Services of the Senate and the Com- mittee on National Security of the House of Represent- atives’’ for ‘‘Committees on Armed Services of the Sen- ate and House of Representatives’’. 1990—Subsec. (e)(1). Pub. L. 101–510 inserted ‘‘home- port facility for any ship,’’ after ‘‘center,’’ and sub- stituted ‘‘under the jurisdiction of the Department of Defense, including any leased facility,’’ for ‘‘under the jurisdiction of the Secretary of a military depart- ment’’. 1987—Subsec. (e). Pub. L. 100–180 inserted ‘‘The term’’ after each par. designation and revised first word in quotes in each par. to make initial letter of such word lowercase. Page 2098 TITLE 10—ARMED FORCES § 2687 1985—Pub. L. 99–145 amended section generally, there- by applying the section only to closure of bases with more than 300 civilian personnel authorized to be em- ployed and to realignments involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at bases with more than 300 authorized civilian employ- ees, striking out advance public notice required by the Secretary of Defense or the Secretary of the military department concerned when an installation is a can- didate for closure or realignment, requiring that all base closure or realignment proposals be submitted to the Committee on Armed Services of the Senate and of the House of Representatives as part of the annual budget request and that such proposals contain an eval- uation of the fiscal, local economic, budgetary, envi- ronmental, strategic, and operational consequences of such action, providing that no irrevocable action to im- plement the closure to realignment could be taken until the expiration of 30 legislative days or 60 calendar days, whichever is longer, and making explicit the au- thority of the Secretary to obtain architectural and en- gineering services under section 2807 of this title and to use funds that would otherwise be available to effect the closure or realignment after expiration of the no- tice period. 1984—Subsec. (a)(2). Pub. L. 98–525, § 1405(41)(A), sub- stituted ‘‘1,000’’ for ‘‘one thousand’’. Subsec. (b)(2). Pub. L. 98–525, § 1405(41)(B), inserted ‘‘(42 U.S.C. 4321 et seq.)’’. Subsec. (b)(4). Pub. L. 98–525, § 1405(41)(C), substituted ‘‘60’’ for ‘‘sixty’’. Subsec. (d)(1)(B). Pub. L. 98–525, § 1405(41)(D), sub- stituted ‘‘300’’ for ‘‘three hundred’’. 1982—Subsec. (d)(1). Pub. L. 97–214 substituted ‘‘a base, camp, post, station, yard, center, or other activ- ity under the jurisdiction of the Secretary of a military department’’ for ‘‘any camp, post, station, base, yard, or other facility under the authority of the Department of Defense’’. 1978—Subsec. (d)(1)(B). Pub. L. 95–356 substituted ‘‘three hundred’’ for ‘‘five hundred’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title XII, § 1202(b), Nov. 8, 1985, 99 Stat. 718, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to clo- sures and realignments completed on or after the date of the enactment of this Act [Nov. 8, 1985], except that any action taken to effect or implement any closure or realignment for which a public announcement was made pursuant to section 2687(b)(1) of title 10, United States Code, after April 1, 1985, and before the date of enactment of this Act shall be subject to the provisions of section 2687 of such title as in effect on the day be- fore such date of enactment.’’ EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family hous- ing authorized before, on, or after such date, see sec- tion 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title. SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–526, § 1, Oct. 24, 1988, 102 Stat. 2623, pro- vided that: ‘‘This Act [amending sections 1095a, 2324, 2683, and 4415 of this title, enacting provisions set out as notes under this section and sections 154 and 2306 of this title, and amending provisions set out as notes under section 2324 of this title] may be cited as the ‘De- fense Authorization Amendments and Base Closure and Realignment Act’.’’ EFFECTIVE DATE OF 1994 AMENDMENTS BY SECTION 2813(d)(1) AND (2) OF PUB. L. 103–337 Pub. L. 103–337, div. B, title XXVIII, § 2813(d)(3), Oct. 5, 1994, 108 Stat. 3055, provided that: ‘‘The amendments made by paragraphs (1) and (2) [amending section 209(10) of Pub. L. 100–526 and section 2910(9) of Pub. L. 101–510, set out below] shall take effect as if included in the amendments made by section 2918 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1927).’’ EFFECTIVE DATE OF 1991 AMENDMENTS BY SECTION 344 OF PUB. L. 102–190 Pub. L. 102–190, div. A, title III, § 344(c), Dec. 5, 1991, 105 Stat. 1346, provided that: ‘‘The amendments made by this section [amending provisions set out as notes below] shall apply with regard to the transfer or dis- posal of any real property or facility pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act [Pub. L. 100–526, set out below] or the Defense Base Closure and Realignment Act of 1990 [part A of title XXIX of div. B of Pub. L. 101–510, set out below] occurring on or after the date of the enactment of this Act [Dec. 5, 1991].’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. BASE REALIGNMENT AND CLOSURE UPON NOTICE FROM GOVERNOR OF STATE Pub. L. 115–232, div. B, title XXVII, §§ 2702, 2703, Aug. 13, 2018, 132 Stat. 2257, 2259, provided that: ‘‘SEC. 2702. ADDITIONAL AUTHORITY TO REALIGN OR CLOSE CERTAIN MILITARY INSTALLA- TIONS. ‘‘(a) AUTHORIZATION.—Notwithstanding sections 993 or 2687 of title 10, United States Code, and subject to sub- section (d), the Secretary of Defense may take such ac- tions as may be necessary to carry out the realignment or closure of a military installation in a State during a fiscal year if— ‘‘(1) the military installation is the subject of a no- tice which is described in subsection (b); and ‘‘(2) the Secretary includes the military installa- tion in the report submitted under paragraph (2) of subsection (c) with respect to the fiscal year. ‘‘(b) NOTICE FROM GOVERNOR OF STATE.—A notice de- scribed in this subsection is a notice received by the Secretary of Defense from the Governor of a State (or, in the case of the District of Columbia, the Mayor of the District of Columbia) in which the Governor rec- ommends that the Secretary carry out the realignment or closure of a military installation located in the State, and which includes each of the following ele- ments: ‘‘(1) A specific description of the military installa- tion, or a specific description of the relevant real and personal property. ‘‘(2) Statements of support for the realignment or closure from units of local government in which the installation is located. ‘‘(3) A detailed plan for the reuse or redevelopment of the real and personal property of the installation, together with a description of the local redevelop- ment authority which will be responsible for the im- plementation of the plan. ‘‘(c) RESPONSE TO NOTICE.— ‘‘(1) MANDATORY RESPONSE TO GOVERNOR AND CON- GRESS.—Not later than 1 year after receiving a notice from the Governor of a State (or, in the case of the District of Columbia, from the Mayor of the District of Columbia), the Secretary of Defense shall submit a response to the notice to the Governor and the con- gressional defense committees [Committees on Page 2099 TITLE 10—ARMED FORCES § 2687 Armed Services and Appropriations of the Senate and the House of Representatives] indicating whether or not the Secretary accepts the recommendation for the realignment or closure of a military installation which is the subject of the notice. ‘‘(2) ACCEPTANCE OF RECOMMENDATION.—If the Sec- retary of Defense determines that it is in the inter- ests of the United States to accept the recommenda- tion for the realignment or closure of a military in- stallation which is the subject of a notice received under subsection (b) and intends to carry out the re- alignment or closure of the installation pursuant to the authority of this section during a fiscal year, at the time the budget is submitted under section 1105(a) of title 31, United States Code, for the fiscal year, the Secretary shall submit a report to the con- gressional defense committees which includes the fol- lowing: ‘‘(A) The identification of each military installa- tion for which the Secretary intends to carry out a realignment or closure pursuant to the authority of this section during the fiscal year, together with the reasons the Secretary of Defense believes that it is in the interest of the United States to accept the recommendation of the Governor of the State involved for the realignment or closure of the in- stallation. ‘‘(B) For each military installation identified under subparagraph (A), a master plan describing the required scope of work, cost, and timing for all facility actions needed to carry out the realign- ment or closure, including the construction of new facilities and the repair or renovation of existing facilities. ‘‘(C) For each military installation identified under subparagraph (A), a certification that, not later than the end of the fifth fiscal year after the completion of the realignment or closure, the sav- ings resulting from the realignment or closure will exceed the costs of carrying out the realignment or closure, together with an estimate of the annual re- curring savings that would be achieved by the re- alignment or closure of the installation and the timeframe required for the financial savings to ex- ceed the costs of carrying out the realignment or closure. ‘‘(d) LIMITATIONS.— ‘‘(1) TIMING.—The Secretary may not initiate the realignment or closure of a military installation pur- suant to the authority of this section until the expi- ration of the 90-day period beginning on the date the Secretary submits the report under paragraph (2) of subsection (c). ‘‘(2) TOTAL COSTS.—Subject to appropriations, the aggregate cost to the government in carrying out the realignment or closure of military installations pur- suant to the authority of this section for all fiscal years may not exceed $2,000,000,000. In determining the cost to the government for purposes of this sec- tion, there shall be included the costs of planning and design, military construction, operations and mainte- nance, environmental restoration, information tech- nology, termination of public-private contracts, guarantees, and other factors contributing to the cost of carrying out the realignment or closure, as determined by the Secretary. ‘‘(e) PROCESS FOR IMPLEMENTATION.—The implementa- tion of the realignment or closure of a military instal- lation pursuant to the authority of this section shall be carried out in accordance with section 2905 of the De- fense Base Closure and Realignment Act of 1990 (title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) in the same manner as the implementation of a realignment or closure of a military installation pursuant to the au- thority of such Act. ‘‘(f) STATE DEFINED.—In this section, the term ‘State’ means each of the several States, the District of Co- lumbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ‘‘(g) TERMINATION OF AUTHORITY.—The authority of the Secretary to carry out a realignment or closure pursuant to this section shall terminate at the end of fiscal year 2029. ‘‘SEC. 2703. PROHIBITION ON CONDUCTING ADDI- TIONAL BASE REALIGNMENT AND CLOSURE (BRAC) ROUND. ‘‘Nothing in this Act [div. B of Pub. L. 115–232, see Ta- bles for classification] shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.’’ [Pub. L. 115–232, div. B, § 2003, Aug. 13, 2018, 132 Stat. 2241, provided that: ‘‘Titles XXI through XXVII [enact- ing sections 2702 and 2703 of title XXVII of div. B of Pub. L. 115–232, set out above] and title XXIX shall take effect on the later of— [‘‘(1) October 1, 2018; or [‘‘(2) the date of the enactment of this Act [Aug. 13, 2018].’’] CLOSURE OF EXISTING CURRENT ACCOUNTS; TRANSFER OF FUNDS Pub. L. 112–239, div. B, title XXVII, § 2711(b), Jan. 2, 2013, 126 Stat. 2143, provided that: ‘‘(1) CLOSURE.—Subject to paragraph (2), the Sec- retary of the Treasury shall close, pursuant to section 1555 of title 31, United States Code, the following ac- counts on the books of the Treasury: ‘‘(A) The Department of Defense Base Closure Ac- count 2005 established by section 2906A 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 in effect on the effective date of this section. ‘‘(B) The Department of Defense Base Closure Ac- count 1990 established by 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), as in effect on the effective date of this section. ‘‘(C) The Department of Defense Base Closure Ac- count established by section 207 of the Defense Au- thorization Amendments and Base Closure and Re- alignment Act (Public Law 100–526; 10 U.S.C. 2687 note), as in effect on the effective date of this sec- tion. ‘‘(2) TRANSFER OF FUNDS.—All amounts remaining in the three accounts specified in paragraph (1) as of the effective date of this section, shall be transferred, effec- tive on that date, to the Department of Defense Base Closure Account established by section 2906 of the De- fense Base Closure and Realignment Act of 1990, as added by subsection (a). ‘‘(3) CROSS REFERENCES.—Except as provided in this subsection or the context requires otherwise, any ref- erence in a law, regulation, document, paper, or other record of the United States to an account specified in paragraph (1) shall be deemed to be a reference to the Department of Defense Base Closure Account estab- lished by section 2906 of the Defense Base Closure and Realignment Act of 1990, as added by subsection (a).’’ [Section 2711(b) of Pub. L. 112–239, set out above, ef- fective on the later of Oct. 1, 2013, or the date of the en- actment of an Act authorizing funds for military con- struction for fiscal year 2014 (div. J of Pub. L. 113–76, approved Jan. 17, 2014), see section 2711(d) of Pub. L. 112–239, set out as an Effective Date of 2013 Amendment note under section 2701 of this title.] AUTHORITY TO COMPLETE SPECIFIC BASE CLOSURE AND REALIGNMENT RECOMMENDATIONS Pub. L. 112–81, div. B, title XXVII, § 2703, Dec. 31, 2011, 125 Stat. 1681, provided that: ‘‘(a) LIMITED AUTHORITY TO EXTEND IMPLEMENTATION PERIOD.—The Secretary of Defense shall— ‘‘(1) complete all closures and realignments rec- ommended in the report of the Base Closure and Re- alignment Commission transmitted by the President to Congress in accordance with section 2914(e) 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 expeditiously as possible; and Page 2100 TITLE 10—ARMED FORCES § 2687 ‘‘(2) complete the closure of the Umatilla Chemical Depot, Oregon, as recommended in the report of the Base Closure and Realignment Commission trans- mitted by the President to Congress in accordance with section 2914(e) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Pub- lic Law 101–510; 10 U.S.C. 2687 note)— ‘‘(A) without regard to any condition contained in that recommendation; and ‘‘(B) not later than one year after the completion of the chemical demilitarization mission in accord- ance with the Chemical Weapons Convention Trea- ty. ‘‘(b) IMPLEMENTATION.—Notwithstanding any other provision of law, the Secretary of Defense shall carry out the authority provided under subsection (a), and any related property management and disposal activi- ties, in accordance with the procedures and authorities under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).’’ SUPPORT FOR REALIGNMENT OF MILITARY INSTALLA- TIONS AND RELOCATION OF MILITARY PERSONNEL ON GUAM Pub. L. 114–92, div. B, title XXVIII, § 2822(a), (b), Nov. 25, 2015, 129 Stat. 1177, 1178, provided that: ‘‘(a) REPORT REQUIRED.—Not later than the date of the submission of the budget of the President for each of fiscal years 2017 through 2026 under section 1105 of title 31, United States Code, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that specifies each of the following: ‘‘(1) The total amount contributed by the Govern- ment of Japan during the most recently concluded Japanese fiscal year under section 2350k of title 10, United States Code, for deposit in the Support for United States Relocation to Guam Account. ‘‘(2) The anticipated contributions to be made by the Government of Japan under such section during the current and next Japanese fiscal years. ‘‘(3) The projects carried out on Guam or the Com- monwealth of the Northern Mariana Islands during the previous fiscal year using amounts in the Support for United States Relocation to Guam Account. ‘‘(4) The anticipated projects that will be carried out on Guam or the Commonwealth of the Northern Mariana Islands during the fiscal year covered by the budget submission using amounts in such Account. ‘‘(b) FORM OF REPORT.—Each report required by sub- section (a) shall be submitted in unclassified form, but may contain a classified annex as necessary.’’ Pub. L. 113–291, div. B, title XXVIII, § 2821, Dec. 19, 2014, 128 Stat. 3701, provided that: ‘‘(a) LIMITATION BASED ON COST ESTIMATES.— ‘‘(1) LIMITATION AMOUNT.—Pursuant to the Supple- mental Environmental Impact Statement for the ‘Guam and Commonwealth of the Northern Mariana Islands Military Relocation (2012 Roadmap Adjust- ments)’, the total amount obligated or expended from funds appropriated or otherwise made available for military construction for implementation of the Record of Decision for the relocation of Marine Corps forces to Guam associated with such Supplemental Environmental Impact Statement may not exceed $8,725,000,000, subject to such adjustment as may be made under paragraph (2). ‘‘(2) ADJUSTMENT OF LIMITATION AMOUNT.—The Sec- retary of the Navy may adjust the amount specified in paragraph (1) by the following: ‘‘(A) The amounts of increases or decreases in costs attributable to economic inflation after Sep- tember 30, 2014. ‘‘(B) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, Guam or Commonwealth of the Northern Mariana Islands, or local laws enacted after Sep- tember 30, 2014. ‘‘(3) WRITTEN NOTICE OF ADJUSTMENT.—At the same time that the budget for a fiscal year is submitted to Congress under section 1105(a) of title 31, United States Code, the Secretary of the Navy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] written notice of any adjustment to the amount specified in paragraph (1) made by the Secretary during the preceding fiscal year pursuant to the authority provided by paragraph (2). ‘‘(b) RESTRICTION ON DEVELOPMENT OF PUBLIC INFRA- STRUCTURE.— ‘‘(1) RESTRICTION.—If the Secretary of Defense de- termines that any grant, cooperative agreement, transfer of funds to another Federal agency, or sup- plement of funds available under Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, replacement, renovation, conversion, improve- ment, expansion, acquisition, or construction) of pub- lic infrastructure on Guam, the Secretary of Defense may not carry out such grant, transfer, cooperative agreement, or supplemental funding unless such grant, transfer, cooperative agreement, or supple- mental funding— ‘‘(A) is specifically authorized by law; and ‘‘(B) will be used to carry out a public infrastruc- ture project included in the report prepared by the Secretary of Defense under section 2822(d)(2) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1017), as in effect on the day before the date of the enactment of this Act [Dec. 19, 2014]. ‘‘(2) PUBLIC INFRASTRUCTURE DEFINED.—In this sub- section, the term ‘public infrastructure’ means any utility, method of transportation, item of equipment, or facility under the control of a public entity or State or local government that is used by, or con- structed for the benefit of, the general public. ‘‘(c) REPEAL OF SUPERSEDED LAW.—Section 2822 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1016) is repealed. The repeal of such section does not af- fect the validity of the amendment made by subsection (f) of such section or the responsibilities of the Eco- nomic Adjustment Committee and the Secretary of De- fense under subsection (d) of such section, as in effect on the day before the date of the enactment of this Act.’’ [For termination, effective Dec. 31, 2021, of reporting provisions in section 2821(a)(3) of Pub. L. 113–291, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.] Pub. L. 112–81, div. B, title XXVIII, § 2841, Dec. 31, 2011, 125 Stat. 1696, provided that: ‘‘(a) MANAGEMENT OF WORKFORCE HEALTH CARE.—Sub- ject to subsection (b), the Secretary of the Navy may not award any additional Navy or Marine Corps con- struction project or associated task order on Guam as- sociated with the Record of Decision for the Guam and CNMI Military Relocation dated September 2010 if the aggregate of the number of employees holding a visa described in section 101(a)(15)(H)(ii)(b) of the Immigra- tion and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b); known as ‘H–2B workers’) to support such relocation exceeds 2,000 until the Secretary of the Navy certifies to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that a system of health care for the H–2B workers is available. ‘‘(b) SYSTEM OF HEALTH CARE.—The health care sys- tem required to be certified in subsection (a) shall— ‘‘(1) include a comprehensive medical plan for the H–2B workers; ‘‘(2) include comprehensive planning and coordina- tion with contractor-provided healthcare services and with Guam’s civilian and military healthcare com- munity; and ‘‘(3) access local healthcare assets to help meet the health care needs of the H–2B workers. Page 2101 TITLE 10—ARMED FORCES § 2687 ‘‘(c) ELEMENTS OF MEDICAL PLAN.—The comprehen- sive medical plan referred to in subsection (b)(1) shall— ‘‘(1) address significant health issues, injury, or se- ries of injuries in addition to basic first responder medical services for H–2B workers; ‘‘(2) provide pre-deployment health screening at the country of origin of H–2B workers, ensuring— ‘‘(A) all major or chronic disease conditions of concern are identified; ‘‘(B) proper immunizations are administered; ‘‘(C) screening for tuberculosis and communicable diseases are conducted; and ‘‘(D) all H–2B workers are fit and healthy for work prior to deployment; ‘‘(3) provide that an arrival health screening proc- ess is developed to ensure the H–2B workers are fit to work and that the risk of spreading communicable diseases to the resident population is minimized; and ‘‘(4) provide comprehensive on-site medical serv- ices, including emergency medical care for the H–2B workers, primary health care to include care for chronic diseases, preventive services and acute care delivery, and accessible prescription services main- taining oversight, authorization access, and delivery of prescription medications to the workforce. ‘‘(d) SAVINGS CLAUSE.—Nothing in this section shall be construed as requiring the Secretary of the Navy to establish a United States Government-sponsored or funded health care system required to be certified in subsection (a) or to be responsible in any way for the administration of a health care system or plan or the provision of health care services for the H–2B workers identified in subsection (a).’’ Pub. L. 111–84, div. B, title XXVIII, § 2832(a)–(c), Oct. 28, 2009, 123 Stat. 2669, 2670, provided that: ‘‘(a) SPECIAL PURPOSE ENTITY DEFINED.—In this sec- tion, the term ‘special purpose entity’ means any pri- vate person, corporation, firm, partnership, company, State or local government, or authority or instrumen- tality of a State or local government that the Sec- retary of Defense determines is capable of producing military family housing or providing utilities to sup- port the realignment of military installations and the relocation of military personnel on Guam. ‘‘(b) REPORT ON INTENDED USE SPECIAL PURPOSE ENTI- TIES.— ‘‘(1) REPORT REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Oct. 28, 2009], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report describing the intended use of special purpose entities to provide military family housing or utilities to support the re- alignment of military installations and the reloca- tion of military personnel on Guam. ‘‘(2) NOTICE AND WAIT.—The Secretary of Defense may not authorize the use of special use entities as described in paragraph (1) until the end of the 30-day period (15-day period if the report is submitted elec- tronically) beginning on the date on which the report required by such paragraph is submitted. ‘‘(c) APPLICABILITY OF UNIFIED FACILITIES CRITERIA.— ‘‘(1) APPLICABILITY TO SECTION 2350K CONTRIBU- TIONS.—[Amended section 2824(c)(4) of Pub. L. 110–417, set out as a note below] ‘‘(2) APPLICABILITY TO SPECIAL PURPOSE ENTITY CON- TRIBUTIONS.—The unified facilities criteria promul- gated by the Under Secretary of Defense for Acquisi- tion, Technology, and Logistics and dated May 29, 2002, and any successor to such criteria shall be the minimum standard applicable to projects funded using contributions provided by a special purpose en- tity. ‘‘(3) REPORT.—Not later than 180 days after the date of the enactment of this Act [Oct. 28, 2009], the Sec- retary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report containing an evaluation of various options, including a preferred option, that the Secretary could utilize to comply with the uni- fied facilities criteria referred to in paragraph (2) in the acquisition of military housing on Guam in con- nection with the realignment of military installa- tions and the relocation of military personnel on Guam. In preparing the report, the Secretary shall consider the impact of— ‘‘(A) increasing the overseas housing allowance for members of the Armed Forces serving on Guam; and ‘‘(B) providing a direct Federal subsidy to public- private ventures.’’ Pub. L. 111–84, div. B, title XXVIII, § 2835, Oct. 28, 2009, 123 Stat. 2674, as amended by Pub. L. 111–383, div. A, title X, § 1075(d)(24), Jan. 7, 2011, 124 Stat. 4374; Pub. L. 113–66, div. B, title XXVIII, § 2821, Dec. 26, 2013, 127 Stat. 1015; Pub. L. 116–283, div. B, title XXVIII, § 2851, Jan. 1, 2021, 134 Stat. 4354, which related to the Interagency Coordination Group of Inspectors General for Guam Re- alignment, was repealed by Pub. L. 117–263, div. B, title XXVIII, § 2868, Dec. 23, 2022, 136 Stat. 3012. Pub. L. 110–417, div. B, title XXVIII, § 2824, Oct. 14, 2008, 122 Stat. 4730, as amended by Pub. L. 111–84, div. B, title XXVIII, §§ 2832(c)(1), 2833, 2834(a), Oct. 28, 2009, 123 Stat. 2670–2672; Pub. L. 114–92, div. B, title XXVIII, § 2822(c), Nov. 25, 2015, 129 Stat. 1178, provided that: ‘‘(a) ESTABLISHMENT OF ACCOUNT.—There is estab- lished on the books of the Treasury an account to be known as the ‘Support for United States Relocation to Guam Account’ (in this section referred to as the ‘Ac- count’). ‘‘(b) CREDITS TO ACCOUNT.— ‘‘(1) AMOUNTS IN FUND.—There shall be credited to the Account all contributions received during fiscal year 2009 and subsequent fiscal years under section 2350k of title 10, United States Code, for the realign- ment of military installations and the relocation of military personnel on Guam. ‘‘(2) NOTICE OF RECEIPT OF CONTRIBUTIONS.—The Sec- retary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] written notice of the receipt of con- tributions referred to in paragraph (1), including the amount of the contributions, not later than 30 days after receiving the contributions. ‘‘(c) USE OF ACCOUNT.— ‘‘(1) AUTHORIZED USES.—Subject to paragraph (2), amounts in the Account may be used as follows: ‘‘(A) To carry out or facilitate the carrying out of a transaction authorized by this section in connec- tion with the realignment of military installations and the relocation of military personnel on Guam, including military construction, military family housing, unaccompanied housing, general facilities constructions for military forces, and utilities im- provements. ‘‘(B) To carry out improvements of property or fa- cilities on Guam as part of such a transaction. ‘‘(C) To obtain property support services for prop- erty or facilities on Guam resulting from such a transaction. ‘‘(D) To develop military facilities or training ranges in the Commonwealth of the Northern Mar- iana Islands. ‘‘(2) COMPLIANCE WITH GUAM MASTER PLAN.—Trans- actions authorized by paragraph (1) shall be con- sistent with the Guam Master Plan, as incorporated in decisions made in the manner provided in section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). ‘‘(3) LIMITATION REGARDING MILITARY HOUSING.—To extent that the authorities provided under sub- chapter IV of chapter 169 of title 10, United States Code, are available to the Secretary of Defense, the Secretary shall use such authorities to acquire, con- struct, or improve family housing units or ancillary supporting facilities in connection with the reloca- tion of military personnel on Guam. Page 2102 TITLE 10—ARMED FORCES § 2687 ‘‘(4) SPECIAL REQUIREMENTS REGARDING USE OF CON- TRIBUTIONS.— ‘‘(A) TREATMENT OF CONTRIBUTIONS.—Except as provided in subparagraph (C), the use of contribu- tions referred to in subsection (b)(1) shall not be subject to conditions imposed on the use of appro- priated funds by chapter 169 of title 10, United States Code, or contained in annual military con- struction appropriations Acts. ‘‘(B) NOTICE OF OBLIGATION.—Contributions re- ferred to in subsection (b)(1) may not be obligated for a transaction authorized by paragraph (1) until the Secretary of Defense submits to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] notice of the transaction, including a detailed cost estimate, and a period of 21 days has elapsed after the date on which the no- tification is received by the committees or, if ear- lier, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium. ‘‘(C) COST AND SCOPE OF WORK VARIATIONS.—Sec- tion 2853 of title 10, United States Code, shall apply to the use of contributions referred to in subsection (b)(1). ‘‘(D) APPLICABILITY OF UNIFIED FACILITIES CRI- TERIA.—The unified facilities criteria promulgated by the Under Secretary of Defense for Acquisition, Technology, and Logistics and dated May 29, 2002, and any successor to such criteria shall be the min- imum standard applicable to projects funded using contributions referred to in subsection (b)(1) for a transaction authorized by paragraph (1). ‘‘(5) APPLICATION OF PREVAILING WAGE REQUIRE- MENTS.— ‘‘(A) IN GENERAL.—The requirements of sub- chapter IV of chapter 31 of title 40, United States Code, shall apply to any military construction project or other transaction authorized by para- graph (1) that is carried out on Guam using con- tributions referred to in subsection (b)(1) or appro- priated funds. ‘‘(B) SECRETARY OF LABOR AUTHORITIES.—In order to carry out the requirements of subparagraph (A) and paragraph (6) (relating to composition of work- force for construction projects), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Number 14 of 1950 [set out in Appendix to Title 5, Government Organiza- tion and Employees] and section 3145 of title 40, United States Code. ‘‘(C) WAGE RATE DETERMINATION.—In making wage rate determinations pursuant to subparagraph (A), the Secretary of Labor shall not include in the wage survey any persons who hold a visa described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). ‘‘(D) ADDITION TO WEEKLY STATEMENT ON THE WAGES PAID.—In the case of projects and other transactions covered by subparagraph (A), the weekly statement required by section 3145 of title 40, United States Code, shall also identify each em- ployee working on the project or transaction who holds a visa described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). ‘‘(E) DURATION OF REQUIREMENTS.—The Secretary of Labor shall make and issue a wage rate deter- mination for Guam annually until 90 percent of the funds in the Account and other funds made avail- able for the realignment of military installations and the relocation of military personnel on Guam have been expended. ‘‘(6) COMPOSITION OF WORKFORCE FOR CONSTRUCTION PROJECTS.— ‘‘(A) LIMITATION.—With respect to each construc- tion project that is carried out using amounts de- scribed in subparagraph (B), no work may be per- formed by a person holding a visa described in sec- tion 101(a)(15)(H)(ii)(b) of the Immigration and Na- tionality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) unless— ‘‘(i) the application for that visa has been ap- proved pursuant to the issuance of a temporary labor certification by the Governor of Guam as provided under section 214.2 of title 8, Code of Federal Regulations; and ‘‘(ii) the Governor of Guam, in consultation with the Secretary of Labor, makes the certifi- cation described in subparagraph (C) to the Sec- retary of Defense. ‘‘(B) SOURCE OF FUNDS.—Subparagraph (A) applies to— ‘‘(i) amounts in the Account used for projects associated with the realignment of military in- stallations and the relocation of military per- sonnel on Guam; ‘‘(ii) funds associated with activities under sec- tion 2821 of this Act [amending section 2688 of this title]; and ‘‘(iii) funds for authorized military construction projects. ‘‘(C) CERTIFICATION.—The certification referred to in subparagraph (A) is a certification, in addition to the certifications required by section 214.2 of title 8, Code of Federal Regulations, that— ‘‘(i) there are not sufficient United States work- ers who are able, willing, qualified, and available at the time of application for a visa and admis- sion to the United States and at the place where the persons holding visas described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nation- ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) are to per- form such skilled or unskilled labor; and ‘‘(ii) the employment of such persons holding visas described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) will not adversely affect the wages and working conditions of workers in Guam similarly employed. ‘‘(D) SOLICITATION OF WORKERS.—In order to en- sure compliance with subparagraph (A), as a condi- tion of a contract covered by such subparagraph, the contractor shall be required to advertise and so- licit for construction workers in the United States, including Guam, the Commonwealth of the North- ern Mariana Islands, American Samoa, the Virgin Islands, and the Commonwealth of Puerto Rico, in accordance with a recruitment plan approved by the Secretary of Labor. The contractor shall sub- mit a copy of the employment offer, including a de- scription of wages and other terms and conditions of employment, to the Secretary of Labor at least 60 days before the start date of the workers under a contract. The contractor shall authorize the Sec- retary of Labor to post a notice of the employment offer on a website, with State, territorial, and local job banks, with State and territorial workforce agencies, and with any other referral and recruit- ment sources the Secretary of Labor determines may be pertinent to the employment opportunity. ‘‘(E) RECRUITMENT PERIOD.—The Secretary of Labor shall ensure that a contractor’s recruitment of construction workers complies with the recruit- ment plan required by subparagraph (D) for a period beginning 60 days before the start date of workers under a contract and continuing for the next 28 days. During the recruitment period, the contractor shall interview all qualified and available United States construction workers who have applied for the employment opportunity, and, at the close of the recruitment period, the contractor shall pro- vide the Secretary of Labor with a recruitment re- port providing any reasons for which the contractor did not hire an applicant who is a qualified United States construction worker. Not later than 21 days before the start date of the workers under a con- tract, the Secretary of Labor shall certify to the Governor of Guam whether the contractor has sat- isfied the recruitment plan created under subpara- graph (D). Page 2103 TITLE 10—ARMED FORCES § 2687 ‘‘(F) LIMITATION.—An employer, its attorney or agent, the Secretary of Labor, the Governor of Guam, and any designee thereof, may not seek or receive payment of any kind from any worker for any activity related to obtaining an H-2B labor cer- tification with respect to any construction project that is carried out using amounts described in sub- paragraph (B). ‘‘(d) TRANSFER AUTHORITY.— ‘‘(1) TRANSFER TO HOUSING FUNDS.—The Secretary of Defense may transfer funds from the Account to the Department of Defense Family Housing Improvement Fund established by section 2883(a)(1) of title 10, United States Code. ‘‘(2) TREATMENT OF TRANSFERRED AMOUNTS.— Amounts transferred under paragraph (1) to a fund re- ferred to in that paragraph shall be available in ac- cordance with the provisions of section 2883 of title 10, United States Code for activities on Guam author- ized under subchapter IV of chapter 169 of such title. ‘‘[(e) Repealed. Pub. L. 114–92, div. B, title XXVIII, § 2822(c), Nov. 25, 2015, 129 Stat. 1178.] ‘‘(f) SENSE OF CONGRESS.—It is the sense of Congress that the use of the Account to facilitate construction projects associated with the realignment of military installations and the relocation of military personnel on Guam, as authorized by subsection (c)(1), provides a great opportunity for business enterprises of the United States and its territories to contribute to the United States strategic presence in the western Pacific by competing for contracts awarded for such construction. Congress urges the Secretary of Defense to ensure max- imum participation by business enterprises of the United States and its territories in such construction.’’ REQUIRED CONSULTATION WITH STATE AND LOCAL ENTI- TIES ON ISSUES RELATED TO INCREASE IN NUMBER OF MILITARY PERSONNEL AT MILITARY INSTALLATIONS Pub. L. 109–163, div. B, title XXVIII, § 2835, Jan. 6, 2006, 119 Stat. 3521, provided that: ‘‘If the base closure and realignment decisions of the 2005 round of base clo- sures and realignments under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) or the Inte- grated Global Presence and Basing Strategy would re- sult in an increase in the number of members of the Armed Forces assigned to a military installation, the Secretary of Defense, during the development of the plans to implement the decisions or strategy with re- spect to that installation, shall consult with appro- priate State and local entities to ensure that matters affecting the local community, including requirements for transportation, utility infrastructure, housing, edu- cation, and family support activities, are considered.’’ CONSIDERATION OF SURGE REQUIREMENTS IN 2005 ROUND OF BASE REALIGNMENTS AND CLOSURES Pub. L. 108–136, div. B, title XXVIII, § 2822, Nov. 24, 2003, 117 Stat. 1726, directed the Secretary of Defense to assess the probable threats to national security and, as part of such assessment, determine the surge require- ments to meet those threats, and to use such surge re- quirements determination in the base realignment and closure process under the Defense Base Closure and Re- alignment Act of 1990 (part A of title XXIX of Public Law 101–510, set out below). REPORT ON CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS Pub. L. 105–85, div. B, title XXVIII, § 2824, Nov. 18, 1997, 111 Stat. 1998, as amended by Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(9), (f)(8)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–420, 2681–430, required the Secretary of Defense to prepare and submit to the Committees on Armed Services and Appropriations of Senate and House of Representatives, not later than the date on which the President submitted to Congress the budget for fiscal year 2000, a report on the costs and savings at- tributable to the rounds of base closures and realign- ments conducted under the base closure laws and on the need, if any, for additional rounds of base closures and realignments. RETENTION OF CIVILIAN EMPLOYEE POSITIONS AT MILI- TARY TRAINING BASES TRANSFERRED TO NATIONAL GUARD Pub. L. 104–201, div. A, title XVI, § 1602, Sept. 23, 1996, 110 Stat. 2734, directed the Secretary of Defense to re- tain civilian employee positions at each military train- ing installation that was approved for closure in 1995 under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510, set out below), is scheduled for transfer to National Guard op- eration and control, and will continue to be used to provide training support to active and reserve compo- nents of the Armed Forces. USE OF FUNDS TO IMPROVE LEASED PROPERTY Pub. L. 104–106, div. B, title XXVIII, § 2837(b), Feb. 10, 1996, 110 Stat. 561, authorized any department or agency of the Federal Government that enters into a lease of property under section 2905(b)(4)(E) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510, set out below), to improve the leased property using funds appropriated or other- wise available to the department or agency for such purpose. REGULATIONS TO CARRY OUT SECTION 204(e) OF PUB. L. 100–526 AND SECTION 2905(f) OF PUB. L. 101–510 Pub. L. 104–106, div. B, title XXVIII, § 2840(c), Feb. 10, 1996, 110 Stat. 566, provided that not later than nine months after Feb. 10, 1996, the Secretary of Defense was to prescribe any regulations necessary to carry out sec- tion 204(e) of the Defense Authorization Amendments and Base Closure and Realignment Act (Pub. L. 100–526) and section 2905(f) of the Defense Base Closure and Re- alignment Act of 1990 (part A of title XXIX of Pub. L. 101–510), set out in notes below. PROHIBITION ON OBLIGATION OF FUNDS FOR PROJECTS ON INSTALLATIONS CITED FOR REALIGNMENT Pub. L. 104–6, title I, § 112, Apr. 10, 1995, 109 Stat. 82, prohibited the use of Department of Defense funds des- ignated for military construction or family housing to initiate construction projects after Apr. 10, 1995, on an installation that was included in the closure and re- alignment recommendations submitted either to the the Base Closure and Realignment Commission on Feb. 28, 1995, or to Congress in 1995 in accordance with the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of div. B of Pub. L. 101–510, set out below). APPLICABILITY TO INSTALLATIONS APPROVED FOR CLOSURE BEFORE ENACTMENT OF PUB. L. 103–421 Pub. L. 103–421, § 2(e), Oct. 25, 1994, 108 Stat. 4352, as amended by Pub. L. 104–106, div. A, title XV, § 1505(f), Feb. 10, 1996, 110 Stat. 515; Pub. L. 107–107, div. A, title X, § 1048(d)(5), Dec. 28, 2001, 115 Stat. 1227, set out provi- sions related to the use of buildings and property at military installations approved for closure under the 1988 or 1990 base closure Act for the assistance of the homeless. PREFERENCE FOR LOCAL RESIDENTS Pub. L. 103–337, div. A, title VIII, § 817, Oct. 5, 1994, 108 Stat. 2820, authorized the Secretary of Defense, effec- tive until Sept. 30, 1997, to give preference to entities that plan to hire local residents in awarding contracts for services to be performed at a military installation that is affected by closure or realignment under a base closure law. GOVERNMENT RENTAL OF FACILITIES LOCATED ON CLOSED MILITARY INSTALLATIONS Pub. L. 103–337, div. B, title XXVIII, § 2814, Oct. 5, 1994, 108 Stat. 3056, as amended by Pub. L. 107–314, div. A, Page 2104 TITLE 10—ARMED FORCES § 2687 title X, § 1062(l), Dec. 2, 2002, 116 Stat. 2652; Pub. L. 109–163, div. A, title X, § 1056(a)(3), Jan. 6, 2006, 119 Stat. 3439, provided that: ‘‘(a) AUTHORIZATION TO RENT BASE CLOSURE PROP- ERTIES.—To promote the rapid conversion of military installations that are closed pursuant to a base closure law, the Administrator of the General Services may give priority consideration, when leasing space in ac- cordance with chapter 5 or 33 of title 40, United States Code, to facilities of such an installation that have been acquired by a non-Federal entity. ‘‘(b) BASE CLOSURE LAW DEFINED.—In this section, the term ‘base closure law’ has the meaning given such term in section 101(a)(17) of title 10, United States Code.’’ REPORT OF EFFECT OF BASE CLOSURES ON FUTURE MOBILIZATION OPTIONS Pub. L. 103–337, div. B, title XXVIII, § 2815, Oct. 5, 1994, 108 Stat. 3056, required the Secretary of Defense to pre- pare and submit to the congressional defense commit- tees, not later than Jan. 31, 1996, a report evaluating the effect of base closures and realignments conducted since Jan. 1, 1987, on the ability of the Armed Forces to remobilize to the end strength levels authorized for fis- cal year 1987 by sections 401, 403, 411, and 421 of the Na- tional Defense Authorization Act for Fiscal Year 1987 (Pub. L. 99–661; 100 Stat. 3859). CONGRESSIONAL FINDINGS WITH RESPECT TO BASE CLOSURE COMMUNITY ASSISTANCE Pub. L. 103–160, div. B, title XXIX, § 2901, Nov. 30, 1993, 107 Stat. 1909, set out congressional findings related to assistance for local communities in light of the closure and realignment of military installations. CONSIDERATION OF ECONOMIC NEEDS AND COOPERATION WITH STATE AND LOCAL AUTHORITIES IN DISPOSING OF PROPERTY Pub. L. 103–160, div. B, title XXIX, § 2903(c), (d), Nov. 30, 1993, 107 Stat. 1915, directed the Secretary of Defense to consider, in disposing of property as part of the clo- sure of a military installation under a base closure law, the local and regional economic development priorities and to cooperate with the State in which the military installation is located, with the redevelopment author- ity with respect to the installation, and with local gov- ernment and other interested persons located near the installation. REGULATIONS TO CARRY OUT SECTION 204 OF PUB. L. 100–526 AND SECTION 2905 OF PUB. L. 101–510 Pub. L. 103–160, div. B, title XXIX, § 2908(c), Nov. 30, 1993, 107 Stat. 1924, directed the Secretary of Defense to prescribe, in consultation with the Administrator of the Environmental Protection Agency, regulations nec- essary to carry out section 204(d) of the Defense Au- thorization Amendments and Base Closure and Realign- ment Act (title II of Public Law 100–526, set out below) and section 2905(e) of the Defense Base Closure and Re- alignment Act of 1990 (part A of title XXIX of Public Law 101–510, set out below) not later than nine months after Nov. 30, 1993. COMPLIANCE WITH CERTAIN ENVIRONMENTAL REQUIREMENTS Pub. L. 103–160, div. B, title XXIX, § 2911, Nov. 30, 1993, 107 Stat. 1924, directed the Secretary of Defense to com- plete any environmental impact anaylses required under a base closure law or pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a redevelopment plan for any military installation approved for closure under such base clo- sure law not later than 12 months after the submittal of the redevelopment plan. PREFERENCE FOR LOCAL AND SMALL BUSINESSES IN CONTRACTING Pub. L. 103–160, div. B, title XXIX, § 2912, Nov. 30, 1993, 107 Stat. 1925, as amended by Pub. L. 103–337, div. A, title X, § 1070(b)(14), Oct. 5, 1994, 108 Stat. 2857, provided that: ‘‘(a) PREFERENCE REQUIRED.—In entering into con- tracts with private entities as part of the closure or re- alignment of a military installation under a base clo- sure law, the Secretary of Defense shall give pref- erence, to the greatest extent practicable, to qualified businesses located in the vicinity of the installation and to small business concerns and small disadvan- taged business concerns. Contracts for which this pref- erence shall be given shall include contracts to carry out activities for the environmental restoration and mitigation at military installations to be closed or re- aligned. ‘‘(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 con- cern’ means the business concerns referred to in sec- tion 8(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.’’ TRANSITION COORDINATORS FOR ASSISTANCE TO COMMUNITIES AFFECTED BY CLOSURE OF INSTALLATIONS Pub. L. 103–160, div. B, title XXIX, § 2915, Nov. 30, 1993, 107 Stat. 1926, as amended by Pub. L. 107–107, div. A, title X, § 1048(d)(4), Dec. 28, 2001, 115 Stat. 1227, directed the Secretary of Defense to designate, not later than 15 days after the date of approval of closure of a military installation to be closed under a base closure law, a transition coordinator for such installation, and set out the responsibilities of the transition coordinator with respect to the closing installation. DEFINITIONS FOR SUBTITLE A OF TITLE XXIX OF PUB. L. 103–160 Pub. L. 103–160, div. B, title XXIX, § 2918(a), Nov. 30, 1993, 107 Stat. 1927, provided that: ‘‘In this subtitle [sub- title A (§§ 2901 to 2918) of title XXIX of div. B of Pub. L. 103–160, amending sections 2391 and 2667 of this title, en- acting provisions set out as notes under this section and section 9620 of Title 42, The Public Health and Wel- fare, and amending provisions set out as notes under this section]: ‘‘(1) The term ‘base closure law’ means the fol- lowing: ‘‘(A) The provisions of title II of the Defense Au- thorization Amendments and Base Closure and Re- alignment 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 dis- approve a recommendation of closure or realignment, as the case may be, of such installation under the ap- plicable base closure law expires. ‘‘(3) The term ‘redevelopment authority’, in the case of an installation to be closed under a base clo- sure law, means any entity (including an entity es- tablished 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 implementa- tion 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 in- stallation that is available for such reuse and rede- Page 2105 TITLE 10—ARMED FORCES § 2687 velopment as a result of the closure of the installa- tion.’’ LIMITATION ON EXPENDITURES FROM DEFENSE BASE CLOSURE ACCOUNT 1990 FOR MILITARY CONSTRUCTION IN SUPPORT OF TRANSFERS OF FUNCTIONS Pub. L. 103–160, div. B, title XXIX, § 2922, Nov. 30, 1993, 107 Stat. 1930, as amended by Pub. L. 104–106, div. A, title XV, § 1502(c)(1), Feb. 10, 1996, 110 Stat. 506; Pub. L. 106–65, div. A, title X, § 1067(7), Oct. 5, 1999, 113 Stat. 774, prohibited the expenditure of funds from the Defense Base Closure Account 1990 for military construction in support of the transfer of a function from a military in- stallation recommended for closure or realignment to another installation unless that other istallation is identified in the documents submitted to the Defense Base Closure and Realignment Commission in support of such closure or realignment. SENSE OF CONGRESS ON DEVELOPMENT OF BASE CLOSURE CRITERIA Pub. L. 103–160, div. B, title XXIX, § 2925, Nov. 30, 1993, 107 Stat. 1932, as amended by Pub. L. 104–106, div. A, title XV, § 1502(c)(1), Feb. 10, 1996, 110 Stat. 506, set out the sense of Congress that the Secretary of Defense in- clude the direct costs of defense base closures and re- alignments to other Federal departments and agencies in developing amended criteria in accordance with sec- tion 2903(b)(2)(B) of the Defense Base Closure and Re- alignment Act of 1990 (Public Law 101–510, set out below) and directed the Secretary to submit to Con- gress a report on any amended criteria developed after Nov. 30, 1993. MILITARY BASE CLOSURE REPORT Pub. L. 102–581, title I, § 107(d), Oct. 31, 1992, 106 Stat. 4879, provided that within 30 days after the date on which the Secretary of Defense recommended a list of military bases for closure or realignment pursuant to section 2903(c) of the Defense Base Closure and Realign- ment Act of 1990 (Pub. L. 101–510, set out below), the Administrator of the Federal Aviation Administration was to submit to Congress and the Defense Base Clo- sure and Realignment Commission a report on the ef- fects of all those recommendations involving military airbases, including the effect on civilian airports and airways in the local community and region; potential modifications and costs necessary to convert such bases to civilian aviation use; and in the case of air traffic control or radar coverage currently provided by the Department of Defense, potential installations or adjustments of equipment and costs necessary for the Federal Aviation Administration to maintain existing levels of service for the local community and region. INDEMNIFICATION OF TRANSFEREES OF CLOSING DEFENSE PROPERTY Pub. L. 102–484, div. A, title III, § 330, Oct. 23, 1992, 106 Stat. 2371, as amended by Pub. L. 103–160, div. A, title X, § 1002, Nov. 30, 1993, 107 Stat. 1745, provided that: ‘‘(a) IN GENERAL.—(1) Except as provided in paragraph (3) and subject to subsection (b), the Secretary of De- fense shall hold harmless, defend, and indemnify in full the persons and entities described in paragraph (2) from and against any suit, claim, demand or action, liabil- ity, judgment, cost or other fee arising out of any claim for personal injury or property damage (includ- ing death, illness, or loss of or damage to property or economic loss) that results from, or is in any manner predicated upon, the release or threatened release of any hazardous substance, pollutant or contaminant, or petroleum or petroleum derivative as a result of De- partment of Defense activities at any military installa- tion (or portion thereof) that is closed pursuant to a base closure law. ‘‘(2) The persons and entities described in this para- graph are the following: ‘‘(A) Any State (including any officer, agent, or em- ployee of the State) that acquires ownership or con- trol of any facility at a military installation (or any portion thereof) described in paragraph (1). ‘‘(B) Any political subdivision of a State (including any officer, agent, or employee of the State) that ac- quires such ownership or control. ‘‘(C) Any other person or entity that acquires such ownership or control. ‘‘(D) Any successor, assignee, transferee, lender, or lessee of a person or entity described in subpara- graphs (A) through (C). ‘‘(3) To the extent the persons and entities described in paragraph (2) contributed to any such release or threatened release, paragraph (1) shall not apply. ‘‘(b) CONDITIONS.—No indemnification may be af- forded under this section unless the person or entity making a claim for indemnification— ‘‘(1) notifies the Department of Defense in writing within two years after such claim accrues or begins action within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Department of Defense; ‘‘(2) furnishes to the Department of Defense copies of pertinent papers the entity receives; ‘‘(3) furnishes evidence or proof of any claim, loss, or damage covered by this section; and ‘‘(4) provides, upon request by the Department of Defense, access to the records and personnel of the entity for purposes of defending or settling the claim or action. ‘‘(c) AUTHORITY OF SECRETARY OF DEFENSE.—(1) In any case in which the Secretary of Defense determines that the Department of Defense may be required to make indemnification payments to a person under this section for any suit, claim, demand or action, liability, judgment, cost or other fee arising out of any claim for personal injury or property damage referred to in sub- section (a)(1), the Secretary may settle or defend, on behalf of that person, the claim for personal injury or property damage. ‘‘(2) In any case described in paragraph (1), if the per- son to whom the Department of Defense may be re- quired to make indemnification payments does not allow the Secretary to settle or defend the claim, the person may not be afforded indemnification with re- spect to that claim under this section. ‘‘(d) ACCRUAL OF ACTION.—For purposes of subsection (b)(1), the date on which a claim accrues is the date on which the plaintiff knew (or reasonably should have known) that the personal injury or property damage re- ferred to in subsection (a) was caused or contributed to by the release or threatened release of a hazardous sub- stance, pollutant or contaminant, or petroleum or pe- troleum derivative as a result of Department of De- fense activities at any military installation (or portion thereof) described in subsection (a)(1). ‘‘(e) RELATIONSHIP TO OTHER LAW.—Nothing in this section shall be construed as affecting or modifying in any way section 120(h) of the Comprehensive Environ- mental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)). ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) The terms ‘facility’, ‘hazardous substance’, ‘re- lease’, and ‘pollutant or contaminant’ have the mean- ings given such terms under paragraphs (9), (14), (22), and (33) of section 101 of the Comprehensive Environ- mental Response, Compensation, and Liability Act of 1980, respectively (42 U.S.C. 9601(9), (14), (22), and (33)). ‘‘(2) The term ‘military installation’ has the mean- ing given such term under section 2687(e)(1) [now 2687(g)(1)] of title 10, United States Code. ‘‘(3) The term ‘base closure law’ means the fol- lowing: ‘‘(A) The Defense Base Closure and Realignment Act of 1990 [part A of title XXIX of div. B of Pub. L. 101–510] (10 U.S.C. 2687 note). ‘‘(B) Title II of the Defense Authorization Amend- ments and Base Closure and Realignment Act [Pub. L. 100–526] (10 U.S.C. 2687 note). ‘‘(C) Section 2687 of title 10, United States Code. ‘‘(D) Any provision of law authorizing the closure or realignment of a military installation enacted Page 2106 TITLE 10—ARMED FORCES § 2687 on or after the date of the enactment of this Act [Oct. 23, 1992].’’ DEMONSTRATION PROJECT FOR USE OF NATIONAL RELO- CATION CONTRACTOR TO ASSIST DEPARTMENT OF DE- FENSE Pub. L. 102–484, div. B, title XXVIII, § 2822, Oct. 23, 1992, 106 Stat. 2608, provided that, subject to the avail- ability of appropriations therefor, the Secretary of De- fense was to enter into a one-year contract, not later than 30 days after Oct. 23, 1992, with a private reloca- tion contractor operating on a nationwide basis to test the cost-effectiveness of using national relocation con- tractors to administer the Homeowners Assistance Pro- gram and that, not later than one year after the date on which the Secretary of Defense entered into the con- tract, the Comptroller General was to submit to Con- gress a report containing the Comptroller General’s evaluation of the effectiveness of using the national contractor for administering the program. ENVIRONMENTAL RESTORATION REQUIREMENTS AT MILITARY INSTALLATIONS TO BE CLOSED Pub. L. 102–190, div. A, title III, § 334, Dec. 5, 1991, 105 Stat. 1340, prescribed requirements for certain installa- tions to be closed under 1989 or 1991 base closure lists by requiring that all draft final remedial investigations and feasibility studies related to environmental res- toration activities at each such military installation be submitted to Environmental Protection Agency not later than 24 months after Dec. 5, 1991, for bases on 1989 closure list and not later than 36 months after such date for bases on 1991 closure list, prior to repeal by Pub. L. 104–201, div. A, title III, § 328, Sept. 23, 1996, 110 Stat. 2483. WITHHOLDING INFORMATION FROM CONGRESS OR COMPTROLLER GENERAL Pub. L. 102–190, div. B, title XXVIII, § 2821(i), Dec. 5, 1991, 105 Stat. 1546, provided that: ‘‘Nothing in this sec- tion [enacting and amending provisions set out below] or in the Defense Base Closure and Realignment Act of 1990 [part A of title XXIX of div. B of Pub. L. 101–510, set out below] shall be construed to authorize the with- holding of information from Congress, any committee or subcommittee of Congress, or the Comptroller Gen- eral of the United States.’’ CONSISTENCY IN BUDGET DATA Pub. L. 102–190, div. B, title XXVIII, § 2822, Dec. 5, 1991, 105 Stat. 1546, as amended by Pub. L. 102–484, div. B, title XXVIII, § 2825, Oct. 23, 1992, 106 Stat. 2609, di- rected the Secretary of Defense to ensure that the amounts of authorizations requested for military con- struction related to the closure or realignment of mili- tary installations in fiscal years 1992 through 1999 do not exceed the estimates of the costs of such construc- tion provided to the Defense Base Closure and Realign- ment Commission, unless the Secretary submits to Congress an explanation for any request for an author- ization that exceeds the cost estimate. DISPOSITION OF FACILITIES OF DEPOSITORY INSTITU- TIONS ON MILITARY INSTALLATIONS TO BE CLOSED Pub. L. 102–190, div. B, title XXVIII, § 2825, Dec. 5, 1991, 105 Stat. 1549, as amended by Pub. L. 103–160, div. B, title XXIX, § 2928(a), (b)(1), (c), Nov. 30, 1993, 107 Stat. 1934, 1935, provided that: ‘‘(a) AUTHORITY TO CONVEY FACILITIES.—(1) Subject to subsection (c) and notwithstanding any other provision of law, the Secretary of the military department hav- ing jurisdiction over a military installation being closed pursuant to a base closure law may convey all right, title, and interest of the United States in a facil- ity located on that installation to a depository institu- tion that— ‘‘(A) conducts business in the facility; and ‘‘(B) constructed or substantially renovated the fa- cility using funds of the depository institution. ‘‘(2) In the case of the conveyance under paragraph (1) of a facility that was not constructed by the depository institution but was substantially renovated by the de- pository institution, the Secretary shall require the de- pository institution to pay an amount determined by the Secretary to be equal to the value of the facility in the absence of the renovations. ‘‘(b) AUTHORITY TO CONVEY LAND.—As part of the con- veyance of a facility to a depository institution under subsection (a), the Secretary of the military depart- ment concerned shall permit the depository institution to purchase the land upon which that facility is lo- cated. The Secretary shall offer the land to the deposi- tory institution before offering such land for sale or other disposition to any other entity. The purchase price shall be not less than the fair market value of the land, as determined by the Secretary. ‘‘(c) LIMITATION.—The Secretary of a military depart- ment may not convey a facility to a depository institu- tion under subsection (a) if the Secretary determines that the operation of a depository institution at such facility is inconsistent with the redevelopment plan with respect to the installation. ‘‘(d) BASE CLOSURE LAW DEFINED.—For purposes of this section, the term ‘base closure law’ means the fol- lowing: ‘‘(1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 104 Stat. 1808; 10 U.S.C. 2687 note). ‘‘(2) Title II of the Defense Authorization Amend- ments and Base Closure and Realignment Act (Public Law 100–526; 102 Stat. 2627; 10 U.S.C. 2687 note). ‘‘(3) Section 2687 of title 10, United States Code. ‘‘(4) Any other similar law enacted after the date of the enactment of this Act [Dec. 5, 1991]. ‘‘(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)).’’ REPORT ON ENVIRONMENTAL RESTORATION COSTS FOR INSTALLATIONS TO BE CLOSED UNDER 1990 BASE CLO- SURE LAW Pub. L. 102–190, div. B, title XXVIII, § 2827(b), Dec. 5, 1991, 105 Stat. 1551, directed the Secretary of Defense to submit an annual report to Congress on the funding needed for environmental restoration activities at cer- tain designated military installations for the fiscal year for which a budget was submitted and for each of the four following fiscal years, prior to repeal by Pub. L. 104–106, div. A, title X, § 1061(m), Feb. 10, 1996, 110 Stat. 443. SENSE OF CONGRESS REGARDING JOINT RESOLUTION OF DISAPPROVAL OF 1991 BASE CLOSURE COMMISSION RECOMMENDATION Pub. L. 102–172, title VIII, § 8131, Nov. 26, 1991, 105 Stat. 1208, set out the sense of the Congress that in act- ing on the Joint Resolution of Disapproval of the 1991 Base Closure Commission’s recommendation, it took no position on whether there had been compliance by the Commission, and the Department of Defense with the requirements of the Defense Base Closure and Realign- ment Act of 1990 (part A of title XXIX of div. B of Pub. L. 101–510, set out below), and that the vote on the reso- lution should not be interpreted to imply Congressional approval of all actions taken by the Commission and the Department of Defense in fulfillment of their re- sponsibilities and duties under the Defense Base Clo- sure and Realignment Act of 1990, but only the ap- proval of the recommendations issued by the Commis- sion. REQUIREMENTS FOR BASE CLOSURE AND REALIGNMENT PLANS Pub. L. 103–335, title VIII, § 8040, Sept. 30, 1994, 108 Stat. 2626, which directed Secretary of Defense to in- clude in any base closure and realignment plan sub- mitted to Congress after Sept. 30, 1994, a complete re- Page 2107 TITLE 10—ARMED FORCES § 2687 view of expectations for the five-year period beginning on Oct. 1, 1994, including force structure and levels, in- stallation requirements, a budget plan, cost savings to be realized through realignments and closures of mili- tary installations, and the economic impact on local areas affected, was from the Department of Defense Ap- propriations Act, 1995, and was not repeated in subse- quent appropriation acts. Similar provisions were con- tained in the following prior appropriation acts: Pub. L. 103–139, title VIII, § 8045, Nov. 11, 1993, 107 Stat. 1450. Pub. L. 102–396, title IX, § 9060, Oct. 6, 1992, 106 Stat. 1915. Pub. L. 102–172, title VIII, § 8063, Nov. 26, 1991, 105 Stat. 1185. Pub. L. 101–511, title VIII, § 8081, Nov. 5, 1990, 104 Stat. 1894. DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION Pub. L. 101–510, div. B, title XXIX, part A, Nov. 5, 1990, 104 Stat. 1808, as amended by Pub. L. 102–190, div. A, title III, § 344(b)(1), div. B, title XXVIII, §§ 2821(a)–(h)(1), 2827(a)(1), (2), Dec. 5, 1991, 105 Stat. 1345, 1544–1546, 1551; Pub. L. 102–484, div. A, title X, § 1054(b), div. B, title XXVIII, §§ 2821(b), 2823, Oct. 23, 1992, 106 Stat. 2502, 2607, 2608; Pub. L. 103–160, div. B, title XXIX, §§ 2902(b), 2903(b), 2904(b), 2905(b), 2907(b), 2908(b), 2918(c), 2921(b), (c), 2923, 2926, 2930(a), Nov. 30, 1993, 107 Stat. 1911, 1914, 1916, 1918, 1921, 1923, 1928–1930, 1932, 1935; Pub. L. 103–337, div. A, title X, § 1070(b)(15), (d)(2), div. B, title XXVIII, §§ 2811, 2812(b), 2813(c)(2), (d)(2), (e)(2), Oct. 5, 1994, 108 Stat. 2857, 2858, 3053–3056; Pub. L. 103–421, § 2(a)–(c), (f)(2), Oct. 25, 1994, 108 Stat. 4346–4352, 4354; Pub. L. 104–106, div. A, title XV, §§ 1502(d), 1504(a)(9), 1505(e)(1), div. B, title XXVIII, §§ 2831(b)(2), 2835, 2836, 2837(a), 2838, 2839(b), 2840(b), Feb. 10, 1996, 110 Stat. 508, 513, 514, 558, 560, 561, 564, 565; Pub. L. 104–201, div. B, title XXVIII, §§ 2812(b), 2813(b), Sept. 23, 1996, 110 Stat. 2789; Pub. L. 105–85, div. A, title X, § 1073(d)(4)(B), div. B, title XXVIII, § 2821(b), Nov. 18, 1997, 111 Stat. 1905, 1997; Pub. L. 106–65, div. A, title X, § 1067(10), div. B, title XVIII, §§ 2821(a), 2822, Oct. 5, 1999, 113 Stat. 774, 853, 856; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(g)(2), div. B, title XXVIII, § 2821(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293, 1654A–419; Pub. L. 107–107, div. A, title X, § 1048(d)(2), div. B, title XXVIII, § 2821(b), title XXX, §§ 3001–3007, Dec. 28, 2001, 115 Stat. 1227, 1312, 1342–1351; Pub. L. 107–314, div. A, title X, § 1062(f)(4), (m)(1)–(3), div. B, title XXVIII, §§ 2814(b), 2854, Dec. 2, 2002, 116 Stat. 2651, 2652, 2710, 2728; Pub. L. 108–136, div. A, title VI, § 655(b), div. B, title XXVIII, §§ 2805(d)(2), 2821, Nov. 24, 2003, 117 Stat. 1523, 1721, 1726; Pub. L. 108–375, div. A, title X, § 1084(i), div. B, title XXVIII, §§ 2831–2834, Oct. 28, 2004, 118 Stat. 2064, 2132–2134; Pub. L. 109–163, div. B, title XXVIII, § 2831, Jan. 6, 2006, 119 Stat. 3518; Pub. L. 110–181, div. B, title XXVII, § 2704(a), Jan. 28, 2008, 122 Stat. 532; Pub. L. 110–417, div. B, title XXVII, §§ 2711, 2712(a)(1)(A), (b), Oct. 14, 2008, 122 Stat. 4715, 4716; Pub. L. 111–84, div. B, title XXVII, § 2715(a), Oct. 28, 2009, 123 Stat. 2658; Pub. L. 112–239, div. B, title XXVII, § 2711(a), (c)(2), (3)(A), Jan. 2, 2013, 126 Stat. 2140, 2143; Pub. L. 113–291, div. B, title XXVII, § 2721, Dec. 19, 2014, 128 Stat. 3693; Pub. L. 117–263, div. B, title XXVII, § 2702(a), Dec. 23, 2022, 136 Stat. 2990, provided that: ‘‘SEC. 2901. SHORT TITLE AND PURPOSE ‘‘(a) SHORT TITLE.—This part may be cited as the ‘De- fense Base Closure and Realignment Act of 1990’. ‘‘(b) PURPOSE.—The purpose of this part is to provide a fair process that will result in the timely closure and realignment of military installations inside the United States. ‘‘SEC. 2902. THE COMMISSION ‘‘(a) ESTABLISHMENT.—There is established an inde- pendent commission to be known as the ‘Defense Base Closure and Realignment Commission’. ‘‘(b) DUTIES.—The Commission shall carry out the du- ties specified for it in this part. ‘‘(c) APPOINTMENT.—(1)(A) The Commission shall be composed of eight members appointed by the President, by and with the advise [advice] and consent of the Sen- ate. ‘‘(B) The President shall transmit to the Senate the nominations for appointment to the Commission— ‘‘(i) by no later than January 3, 1991, in the case of members of the Commission whose terms will expire at the end of the first session of the 102nd Congress; ‘‘(ii) by no later than January 25, 1993, in the case of members of the Commission whose terms will ex- pire at the end of the first session of the 103rd Con- gress; and ‘‘(iii) by no later than January 3, 1995, in the case of members of the Commission whose terms will ex- pire at the end of the first session of the 104th Con- gress. ‘‘(C) If the President does not transmit to Congress the nominations for appointment to the Commission on or before the date specified for 1993 in clause (ii) of sub- paragraph (B) or for 1995 in clause (iii) of such subpara- graph, the process by which military installations may be selected for closure or realignment under this part with respect to that year shall be terminated. ‘‘(2) In selecting individuals for nominations for ap- pointments to the Commission, the President should consult with— ‘‘(A) the Speaker of the House of Representatives concerning the appointment of two members; ‘‘(B) the majority leader of the Senate concerning the appointment of two members; ‘‘(C) the minority leader of the House of Represent- atives concerning the appointment of one member; and ‘‘(D) the minority leader of the Senate concerning the appointment of one member. ‘‘(3) At the time the President nominates individuals for appointment to the Commission for each session of Congress referred to in paragraph (1)(B), the President shall designate one such individual who shall serve as Chairman of the Commission. ‘‘(d) TERMS.—(1) Except as provided in paragraph (2), each member of the Commission shall serve until the adjournment of Congress sine die for the session during which the member was appointed to the Commission. ‘‘(2) The Chairman of the Commission shall serve until the confirmation of a successor. ‘‘(e) MEETINGS.—(1) The Commission shall meet only during calendar years 1991, 1993, and 1995. ‘‘(2)(A) Each meeting of the Commission, other than meetings in which classified information is to be dis- cussed, shall be open to the public. ‘‘(B) All the proceedings, information, and delibera- tions of the Commission shall be open, upon request, to the following: ‘‘(i) The Chairman and the ranking minority party member of the Subcommittee on Readiness and Man- agement Support of the Committee on Armed Serv- ices of the Senate, or such other members of the Sub- committee designated by such Chairman or ranking minority party member. ‘‘(ii) The Chairman and the ranking minority party member of the Subcommittee on Readiness of the Committee on Armed Services of the House of Rep- resentatives, or such other members of the Sub- committee designated by such Chairman or ranking minority party member. ‘‘(iii) The Chairmen and ranking minority party members of the Subcommittees on Military Con- struction of the Committees on Appropriations of the Senate and of the House of Representatives, or such other members of the Subcommittees designated by such Chairmen or ranking minority party members. ‘‘(f) VACANCIES.—A vacancy in the Commission shall be filled in the same manner as the original appoint- ment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed. ‘‘(g) PAY AND TRAVEL EXPENSES.—(1)(A) Each mem- ber, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Page 2108 TITLE 10—ARMED FORCES § 2687 Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of du- ties vested in the Commission. ‘‘(B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. ‘‘(2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sec- tions 5702 and 5703 of title 5, United States Code. ‘‘(h) DIRECTOR OF STAFF.—(1) The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a Director who has not served on active duty in the Armed Forces or as a civilian em- ployee of the Department of Defense during the one- year period preceding the date of such appointment. ‘‘(2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. ‘‘(i) STAFF.—(1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may ap- point and fix the pay of additional personnel. ‘‘(2) The Director may make such appointments with- out regard to the provisions of title 5, United States Code, governing appointments in the competitive serv- ice, and any personnel so appointed may be paid with- out regard to the provisions of chapter 51 and sub- chapter III of chapter 53 of that title relating to classi- fication and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule. ‘‘(3)(A) Not more than one-third of the personnel em- ployed by or detailed to the Commission may be on de- tail from the Department of Defense. ‘‘(B)(i) Not more than one-fifth of the professional an- alysts of the Commission staff may be persons detailed from the Department of Defense to the Commission. ‘‘(ii) No person detailed from the Department of De- fense to the Commission may be assigned as the lead professional analyst with respect to a military depart- ment or defense agency. ‘‘(C) A person may not be detailed from the Depart- ment of Defense to the Commission if, within 12 months before the detail is to begin, that person par- ticipated personally and substantially in any matter within the Department of Defense concerning the prep- aration of recommendations for closures or realign- ments of military installations. ‘‘(D) No member of the Armed Forces, and no officer or employee of the Department of Defense, may— ‘‘(i) prepare any report concerning the effective- ness, fitness, or efficiency of the performance on the staff of the Commission of any person detailed from the Department of Defense to that staff; ‘‘(ii) review the preparation of such a report; or ‘‘(iii) approve or disapprove such a report. ‘‘(4) Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commis- sion to assist the Commission in carrying out its duties under this part. ‘‘(5) The Comptroller General of the United States shall provide assistance, including the detailing of em- ployees, to the Commission in accordance with an agreement entered into with the Commission. ‘‘(6) The following restrictions relating to the per- sonnel of the Commission shall apply during 1992 and 1994: ‘‘(A) There may not be more than 15 persons on the staff at any one time. ‘‘(B) The staff may perform only such functions as are necessary to prepare for the transition to new membership on the Commission in the following year. ‘‘(C) No member of the Armed Forces and no em- ployee of the Department of Defense may serve on the staff. ‘‘(j) OTHER AUTHORITY.—(1) The Commission may pro- cure by contract, to the extent funds are available, the temporary or intermittent services of experts or con- sultants pursuant to section 3109 of title 5, United States Code. ‘‘(2) The Commission may lease space and acquire personal property to the extent funds are available. ‘‘(k) FUNDING.—(1) There are authorized to be appro- priated to the Commission such funds as are necessary to carry out its duties under this part. Such funds shall remain available until expended. ‘‘(2) If no funds are appropriated to the Commission by the end of the second session of the 101st Congress, the Secretary of Defense may transfer, for fiscal year 1991, to the Commission funds from the Department of Defense Base Closure Account established by section 207 of Public Law 100–526 [set out below]. Such funds shall remain available until expended. ‘‘(3)(A) The Secretary may transfer not more than $300,000 from unobligated funds in the account referred to in subparagraph (B) for the purpose of assisting the Commission in carrying out its duties under this part during October, November, and December 1995. Funds transferred under the preceding sentence shall remain available until December 31, 1995. ‘‘(B) The account referred to in subparagraph (A) is the Department of Defense Base Closure Account estab- lished under [former] section 207(a) of the Defense Au- thorization Amendments and Base Closure and Realign- ment Act (Public Law 100–526; 10 U.S.C. 2687 note). ‘‘(l) TERMINATION.—The Commission shall terminate on December 31, 1995. ‘‘(m) PROHIBITION AGAINST RESTRICTING COMMUNICA- TIONS.—Section 1034 of title 10, United States Code, shall apply with respect to communications with the Commission. ‘‘SEC. 2903. PROCEDURE FOR MAKING REC- OMMENDATIONS FOR BASE CLOSURES AND RE- ALIGNMENTS ‘‘(a) FORCE-STRUCTURE PLAN.—(1) As part of the budg- et justification documents submitted to Congress in support of the budget for the Department of Defense for each of the fiscal years 1992, 1994, and 1996, the Sec- retary shall include a force-structure plan for the Armed Forces based on an assessment by the Secretary of the probable threats to the national security during the six-year period beginning with the fiscal year for which the budget request is made and of the antici- pated levels of funding that will be available for na- tional defense purposes during such period. ‘‘(2) Such plan shall include, without any reference (directly or indirectly) to military installations inside the United States that may be closed or realigned under such plan— ‘‘(A) a description of the assessment referred to in paragraph (1); ‘‘(B) a description (i) of the anticipated force struc- ture during and at the end of each such period for each military department (with specifications of the number and type of units in the active and reserve forces of each such department), and (ii) of the units that will need to be forward based (with a justifica- tion thereof) during and at the end of each such pe- riod; and ‘‘(C) a description of the anticipated implementa- tion of such force-structure plan. ‘‘(3) The Secretary shall also transmit a copy of each such force-structure plan to the Commission. ‘‘(b) SELECTION CRITERIA.—(1) The Secretary shall, by no later than December 31, 1990, publish in the Federal Register and transmit to the congressional defense committees the criteria proposed to be used by the De- partment of Defense in making recommendations for the closure or realignment of military installations in- side the United States under this part. The Secretary shall provide an opportunity for public comment on the proposed criteria for a period of at least 30 days and shall include notice of that opportunity in the publica- tion required under the preceding sentence. Page 2109 TITLE 10—ARMED FORCES § 2687 ‘‘(2)(A) The Secretary shall, by no later than Feb- ruary 15, 1991, publish in the Federal Register and transmit to the congressional defense committees the final criteria to be used in making recommendations for the closure or realignment of military installations inside the United States under this part. Except as pro- vided in subparagraph (B), such criteria shall be the final criteria to be used, along with the force-structure plan referred to in subsection (a), in making such rec- ommendations unless disapproved by a joint resolution of Congress enacted on or before March 15, 1991. ‘‘(B) The Secretary may amend such criteria, but such amendments may not become effective until they have been published in the Federal Register, opened to public comment for at least 30 days, and then trans- mitted to the congressional defense committees in final form by no later than January 15 of the year concerned. Such amended criteria shall be the final criteria to be used, along with the force-structure plan referred to in subsection (a), in making such recommendations unless disapproved by a joint resolution of Congress enacted on or before February 15 of the year concerned. ‘‘(c) DOD RECOMMENDATIONS.—(1) The Secretary may, by no later than April 15, 1991, March 15, 1993, and March 1, 1995, publish in the Federal Register and transmit to the congressional defense committees and to the Commission a list of the military installations inside the United States that the Secretary rec- ommends for closure or realignment on the basis of the force-structure plan and the final criteria referred to in subsection (b)(2) that are applicable to the year con- cerned. ‘‘(2) The Secretary shall include, with the list of rec- ommendations published and transmitted pursuant to paragraph (1), a summary of the selection process that resulted in the recommendation for each installation, including a justification for each recommendation. 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 com- mittees and the Commission of the list referred to in paragraph (1). ‘‘(3)(A) In considering military installations for clo- sure or realignment, the Secretary shall consider all military installations inside the United States equally without regard to whether the installation has been previously considered or proposed for closure or re- alignment by the Department. ‘‘(B) In considering military installations for closure or realignment, the Secretary may not take into ac- count for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an installa- tion. ‘‘(C) For purposes of subparagraph (B), in the case of a community anticipating the economic effects of a closure or realignment of a military installation, ad- vance conversion planning— ‘‘(i) shall include community adjustment and eco- nomic diversification planning undertaken by the community before an anticipated selection of a mili- tary installation in or near the community for clo- sure or realignment; and ‘‘(ii) may include the development of contingency redevelopment plans, plans for economic development and diversification, and plans for the joint use (in- cluding civilian and military use, public and private use, civilian dual use, and civilian shared use) of the property or facilities of the installation after the an- ticipated closure or realignment. ‘‘(4) In addition to making all information used by the Secretary to prepare the recommendations under this subsection available to Congress (including any committee or member of Congress), the Secretary shall also make such information available to the Commis- sion and the Comptroller General of the United States. ‘‘(5)(A) Each person referred to in subparagraph (B), when submitting information to the Secretary of De- fense or the Commission concerning the closure or re- alignment of a military installation, shall certify that such information is accurate and complete to the best of that person’s knowledge and belief. ‘‘(B) Subparagraph (A) applies to the following per- sons: ‘‘(i) The Secretaries of the military departments. ‘‘(ii) The heads of the Defense Agencies. ‘‘(iii) Each person who is in a position the duties of which include personal and substantial involvement in the preparation and submission of information and recommendations concerning the closure or realign- ment of military installations, as designated in regu- lations which the Secretary of Defense shall pre- scribe, regulations which the Secretary of each mili- tary department shall prescribe for personnel within that military department, or regulations which the head of each Defense Agency shall prescribe for per- sonnel within that Defense Agency. ‘‘(6) Any information provided to the Commission by a person described in paragraph (5)(B) shall also be sub- mitted to the Senate and the House of Representatives to be made available to the Members of the House con- cerned 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 sub- mission of the information to the Commission. ‘‘(d) REVIEW AND RECOMMENDATIONS BY THE COMMIS- SION.—(1) After receiving the recommendations from the Secretary pursuant to subsection (c) for any year, the Commission shall conduct public hearings on the recommendations. All testimony before the Commis- sion at a public hearing conducted under this para- graph shall be presented under oath. ‘‘(2)(A) The Commission shall, by no later than July 1 of each year in which the Secretary transmits rec- ommendations to it pursuant to subsection (c), trans- mit to the President a report containing the Commis- sion’s findings and conclusions based on a review and analysis of the recommendations made by the Sec- retary, together with the Commission’s recommenda- tions for closures and realignments of military instal- lations inside the United States. ‘‘(B) Subject to subparagraph (C), in making its rec- ommendations, the Commission may make changes in any of the recommendations made by the Secretary if the Commission determines that the Secretary devi- ated substantially from the force-structure plan and final criteria referred to in subsection (c)(1) in making recommendations. ‘‘(C) In the case of a change described in subpara- graph (D) in the recommendations made by the Sec- retary, the Commission may make the change only if the Commission— ‘‘(i) makes the determination required by subpara- graph (B); ‘‘(ii) determines that the change is consistent with the force-structure plan and final criteria referred to in subsection (c)(1); ‘‘(iii) publishes a notice of the proposed change in the Federal Register not less than 45 days before transmitting its recommendations to the President pursuant to paragraph (2); and ‘‘(iv) conducts public hearings on the proposed change. ‘‘(D) Subparagraph (C) shall apply to a change by the Commission in the Secretary’s recommendations that would— ‘‘(i) add a military installation to the list of mili- tary installations recommended by the Secretary for closure; ‘‘(ii) add a military installation to the list of mili- tary installations recommended by the Secretary for realignment; or ‘‘(iii) increase the extent of a realignment of a par- ticular military installation recommended by the Secretary. ‘‘(E) In making recommendations under this para- graph, the Commission may not take into account for any purpose any advance conversion planning under- taken by an affected community with respect to the anticipated closure or realignment of a military instal- lation. Page 2110 TITLE 10—ARMED FORCES § 2687 ‘‘(3) The Commission shall explain and justify in its report submitted to the President pursuant to para- graph (2) any recommendation made by the Commis- sion that is different from the recommendations made by the Secretary pursuant to subsection (c). The Com- mission shall transmit a copy of such report to the con- gressional defense committees on the same date on which it transmits its recommendations to the Presi- dent under paragraph (2). ‘‘(4) After July 1 of each year in which the Commis- sion transmits recommendations to the President under this subsection, the Commission shall promptly provide, upon request, to any Member of Congress in- formation used by the Commission in making its rec- ommendations. ‘‘(5) The Comptroller General of the United States shall— ‘‘(A) assist the Commission, to the extent re- quested, in the Commission’s review and analysis of the recommendations made by the Secretary pursu- ant to subsection (c); and ‘‘(B) by no later than April 15 of each year in which the Secretary makes such recommendations, trans- mit to the Congress and to the Commission a report containing a detailed analysis of the Secretary’s rec- ommendations and selection process. ‘‘(e) REVIEW BY THE PRESIDENT.—(1) The President shall, by no later than July 15 of each year in which the Commission makes recommendations under subsection (d), transmit to the Commission and to the Congress a report containing the President’s approval or dis- approval of the Commission’s recommendations. ‘‘(2) If the President approves all the recommenda- tions of the Commission, the President shall transmit a copy of such recommendations to the Congress, to- gether with a certification of such approval. ‘‘(3) If the President disapproves the recommenda- tions of the Commission, in whole or in part, the Presi- dent shall transmit to the Commission and the Con- gress the reasons for that disapproval. The Commission shall then transmit to the President, by no later than August 15 of the year concerned, a revised list of rec- ommendations for the closure and realignment of mili- tary installations. ‘‘(4) If the President approves all of the revised rec- ommendations of the Commission transmitted to the President under paragraph (3), the President shall transmit a copy of such revised recommendations to the Congress, together with a certification of such ap- proval. ‘‘(5) If the President does not transmit to the Con- gress an approval and certification described in para- graph (2) or (4) by September 1 of any year in which the Commission has transmitted recommendations to the President under this part, the process by which mili- tary installations may be selected for closure or re- alignment under this part with respect to that year shall be terminated. ‘‘SEC. 2904. CLOSURE AND REALIGNMENT OF MILI- TARY INSTALLATIONS ‘‘(a) IN GENERAL.—Subject to subsection (b), the Sec- retary shall— ‘‘(1) close all military installations recommended for closure by the Commission in each report trans- mitted to the Congress by the President pursuant to section 2903(e); ‘‘(2) realign all military installations recommended for realignment by such Commission in each such re- port; ‘‘(3) carry out the privatization in place of a mili- tary installation recommended for closure or realign- ment by the Commission in the 2005 report only if privatization in place is a method of closure or re- alignment of the military installation specified in the recommendations of the Commission in such re- port and is determined by the Commission to be the most cost-effective method of implementation of the recommendation; ‘‘(4) initiate all such closures and realignments no later than two years after the date on which the President transmits a report to the Congress pursu- ant to section 2903(e) containing the recommenda- tions for such closures or realignments; and ‘‘(5) complete all such closures and realignments no later than the end of the six-year period beginning on the date on which the President transmits the report pursuant to section 2903(e) containing the rec- ommendations for such closures or realignments. ‘‘(b) CONGRESSIONAL DISAPPROVAL.—(1) The Secretary may not carry out any closure or realignment rec- ommended by the Commission in a report transmitted from the President pursuant to section 2903(e) if a joint resolution is enacted, in accordance with the provisions of section 2908, disapproving such recommendations of the Commission before the earlier of— ‘‘(A) the end of the 45-day period beginning on the date on which the President transmits such report; or ‘‘(B) the adjournment of Congress sine die for the session during which such report is transmitted. ‘‘(2) For purposes of paragraph (1) of this subsection and subsections (a) and (c) of section 2908, the days on which either House of Congress is not in session be- cause of an adjournment of more than three days to a day certain shall be excluded in the computation of a period. ‘‘SEC. 2905. IMPLEMENTATION ‘‘(a) IN GENERAL.—(1) In closing or realigning any military installation under this part, the Secretary may— ‘‘(A) take such actions as may be necessary to close or realign any military installation, including the ac- quisition of such land, the construction of such re- placement facilities, the performance of such activi- ties, and the conduct of such advance planning and design as may be required to transfer functions from a military installation being closed or realigned to another military installation, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for use in planning and design, minor construction, or operation and mainte- nance; ‘‘(B) provide— ‘‘(i) economic adjustment assistance to any com- munity located near a military installation being closed or realigned, and ‘‘(ii) community planning assistance to any com- munity located near a military installation to which functions will be transferred as a result of the closure or realignment of a military installa- tion, if the Secretary of Defense determines that the finan- cial resources available to the community (by grant or otherwise) for such purposes are inadequate, and may use for such purposes funds in the Account or funds appropriated to the Department of Defense for economic adjustment assistance or community plan- ning assistance; ‘‘(C) carry out activities for the purposes of envi- ronmental restoration and mitigation at any such in- stallation, and shall use for such purposes funds in the Account; ‘‘(D) provide outplacement assistance to civilian employees employed by the Department of Defense at military installations being closed or realigned, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for outplacement assistance to employees; and ‘‘(E) reimburse other Federal agencies for actions performed at the request of the Secretary with re- spect to any such closure or realignment, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense and avail- able for such purpose. ‘‘(2) In carrying out any closure or realignment under this part, the Secretary shall ensure that environ- mental restoration of any property made excess to the needs of the Department of Defense as a result of such closure or realignment be carried out as soon as pos- sible with funds available for such purpose. Page 2111 TITLE 10—ARMED FORCES § 2687 ‘‘(b) MANAGEMENT AND DISPOSAL OF PROPERTY.—(1) The Administrator of General Services shall delegate to the Secretary of Defense, with respect to excess and surplus real property, facilities, and personal property located at a military installation closed or realigned under this part— ‘‘(A) the authority of the Administrator to utilize excess property under subchapter II of chapter 5 of title 40, United States Code; ‘‘(B) the authority of the Administrator to dispose of surplus property under subchapter III of chapter 5 of title 40, United States Code; ‘‘(C) the authority to dispose of surplus property for public airports under sections 47151 through 47153 of title 49, United States Code; and ‘‘(D) the authority of the Administrator to deter- mine the availability of excess or surplus real prop- erty for wildlife conservation purposes in accordance with the Act of May 19, 1948 (16 U.S.C. 667b). ‘‘(2)(A) Subject to subparagraph (B) and paragraphs (3), (4), (5), and (6), the Secretary of Defense shall exer- cise the authority delegated to the Secretary pursuant to paragraph (1) in accordance with— ‘‘(i) all regulations governing the utilization of ex- cess property and the disposal of surplus property under the Federal Property and Administrative Serv- ices Act of 1949 [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works and division C (ex- cept sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of Title 41, Public Contracts]; and ‘‘(ii) all regulations governing the conveyance and disposal of property under section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)) [now 40 U.S.C. 545 note]. ‘‘(B) The Secretary may, with the concurrence of the Administrator of General Services— ‘‘(i) prescribe general policies and methods for uti- lizing excess property and disposing of surplus prop- erty pursuant to the authority delegated under para- graph (1); and ‘‘(ii) issue regulations relating to such policies and methods, which shall supersede the regulations re- ferred to in subparagraph (A) with respect to that au- thority. ‘‘(C) The Secretary of Defense may transfer real prop- erty or facilities located at a military installation to be closed or realigned under this part, with or without reimbursement, to a military department or other enti- ty (including a nonappropriated fund instrumentality) within the Department of Defense or the Coast Guard. ‘‘(D) Before any action may be taken with respect to the disposal of any surplus real property or facility lo- cated at any military installation to be closed or re- aligned under this part, the Secretary of Defense 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) If a military installation to be closed, realigned, or placed in an inactive status under this part includes a road used for public access through, into, or around the installation, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of consid- ering the continued availability of the road for public use after the installation is closed, realigned, or placed in an inactive status. ‘‘(3)(A) Not later than 6 months after the date of ap- proval of the closure or realignment of a military in- stallation under this part, the Secretary, in consulta- tion with the redevelopment authority with respect to the installation, shall— ‘‘(i) inventory the personal property located at the installation; and ‘‘(ii) identify the items (or categories of items) of such personal property that the Secretary determines to be related to real property and anticipates will support the implementation of the redevelopment plan with respect to the installation. ‘‘(B) If no redevelopment authority referred to in sub- paragraph (A) exists with respect to an installation, the Secretary shall consult with— ‘‘(i) the local government in whose jurisdiction the installation is wholly located; or ‘‘(ii) a local government agency or State govern- ment agency designated for the purpose of such con- sultation by the chief executive officer of the State in which the installation is located. ‘‘(C)(i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out any of the activi- ties referred to in clause (ii) with respect to an instal- lation referred to in that clause until the earlier of— ‘‘(I) one week after the date on which the redevelop- ment plan for the installation is submitted to the Secretary; ‘‘(II) the date on which the redevelopment author- ity notifies the Secretary that it will not submit such a plan; ‘‘(III) twenty-four months after the date of approval of the closure or realignment of the installation; or ‘‘(IV) ninety days before the date of the closure or realignment of the installation. ‘‘(ii) The activities referred to in clause (i) are activi- ties relating to the closure or realignment of an instal- lation to be closed or realigned under this part as fol- lows: ‘‘(I) The transfer from the installation of items of personal property at the installation identified in ac- cordance with subparagraph (A). ‘‘(II) The reduction in maintenance and repair of fa- cilities or equipment located at the installation below the minimum levels required to support the use of such facilities or equipment for nonmilitary pur- poses. ‘‘(D) Except as provided in paragraph (4), the Sec- retary may not transfer items of personal property lo- cated at an installation to be closed or realigned under this part to another installation, or dispose of such items, if such items are identified in the redevelopment plan for the installation as items essential to the reuse or redevelopment of the installation. In connection with the development of the redevelopment plan for the installation, the Secretary shall consult with the enti- ty responsible for developing the redevelopment plan to identify the items of personal property located at the installation, if any, that the entity desires to be re- tained at the installation for reuse or redevelopment of the installation. ‘‘(E) This paragraph shall not apply to any personal property located at an installation to be closed or re- aligned under this part if the property— ‘‘(i) is required for the operation of a unit, function, component, weapon, or weapons system at another installation; ‘‘(ii) is uniquely military in character, and is likely to have no civilian use (other than use for its mate- rial content or as a source of commonly used compo- nents); ‘‘(iii) is not required for the reutilization or rede- velopment of the installation (as jointly determined by the Secretary and the redevelopment authority); ‘‘(iv) is stored at the installation for purposes of distribution (including spare parts or stock items); or ‘‘(v)(I) meets known requirements of an authorized program of another Federal department or agency for which expenditures for similar property would be necessary, and (II) is the subject of a written request by the head of the department or agency. ‘‘(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity referred to in subparagraph (C)(ii) or (D) if the Secretary determines that the carrying out of such activity is in the national security interest of the United States. ‘‘(4)(A) The Secretary may transfer real property and personal property located at a military installation to be closed or realigned under this part to the redevelop- ment authority with respect to the installation for pur- poses of job generation on the installation. ‘‘(B) The transfer of property located at a military in- stallation under subparagraph (A) may be for consider- Page 2112 TITLE 10—ARMED FORCES § 2687 ation at or below the estimated fair market value or without consideration. The determination of such con- sideration may account for the economic conditions of the local affected community and the estimated costs to redevelop the property. The Secretary may accept, as consideration, a share of the revenues that the rede- velopment authority receives from third-party buyers or lessees from sales and long-term leases of the con- veyed property, consideration in kind (including goods and services), real property and improvements, or such other consideration as the Secretary considers appro- priate. The transfer of property located at a military installation under subparagraph (A) may be made for consideration below the estimated fair market value or without consideration only if the redevelopment au- thority with respect to the installation— ‘‘(i) agrees that the proceeds from any sale or lease of the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the date of the initial transfer of property under subparagraph (A) shall be used to sup- port the economic redevelopment of, or related to, the installation; and ‘‘(ii) executes the agreement for transfer of the property and accepts control of the property within a reasonable time after the date of the property dis- posal record of decision or finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(C) For purposes of subparagraph (B)(i), the use of proceeds from a sale or lease described in such subpara- graph to pay for, or offset the costs of, public invest- ment on or related to the installation for any of the following purposes shall be considered a use to support the economic redevelopment of, or related to, the in- stallation: ‘‘(i) Road construction. ‘‘(ii) Transportation management facilities. ‘‘(iii) Storm and sanitary sewer construction. ‘‘(iv) Police and fire protection facilities and other public facilities. ‘‘(v) Utility construction. ‘‘(vi) Building rehabilitation. ‘‘(vii) Historic property preservation. ‘‘(viii) Pollution prevention equipment or facilities. ‘‘(ix) Demolition. ‘‘(x) Disposal of hazardous materials generated by demolition. ‘‘(xi) Landscaping, grading, and other site or public improvements. ‘‘(xii) Planning for or the marketing of the develop- ment and reuse of the installation. ‘‘(D) The Secretary may recoup from a redevelopment authority such portion of the proceeds from a sale or lease described in subparagraph (B) as the Secretary determines appropriate if the redevelopment authority does not use the proceeds to support economic redevel- opment of, or related to, the installation for the period specified in subparagraph (B). ‘‘(E)(i) The Secretary may transfer real property at an installation approved for closure or realignment under this part (including property at an installation approved for realignment which will be retained by the Department of Defense or another Federal agency after realignment) to the redevelopment authority for the installation if the redevelopment authority agrees to lease, directly upon transfer, one or more portions of the property transferred under this subparagraph to the Secretary or to the head of another department or agency of the Federal Government. Subparagraph (B) shall apply to a transfer under this subparagraph. ‘‘(ii) A lease under clause (i) shall be for a term of not to exceed 50 years, but may provide for options for re- newal or extension of the term by the department or agency concerned. ‘‘(iii) A lease under clause (i) may not require rental payments by the United States. ‘‘(iv) A lease under clause (i) shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may be satisfied by the same or an- other department or agency of the Federal Government using the property for a use similar to the use under the lease. Exercise of the authority provided by this clause shall be made in consultation with the redevel- opment authority concerned. ‘‘(v) Notwithstanding clause (iii), if a lease under clause (i) involves a substantial portion of the installa- tion, the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authority’s assignee as a provision of the lease. The facility services and common area maintenance shall be provided at a rate no higher than the rate charged to non-Federal tenants of the trans- ferred property. Facility services and common area maintenance covered by the lease shall not include— ‘‘(I) municipal services that a State or local govern- ment is required by law to provide to all landowners in its jurisdiction without direct charge; or ‘‘(II) firefighting or security-guard functions. ‘‘(F) The transfer of personal property under subpara- graph (A) shall not be subject to the provisions of sub- chapters II and III of chapter 5 of title 40, United States Code, if the Secretary determines that the transfer of such property is necessary for the effective implemen- tation of a redevelopment plan with respect to the in- stallation at which such property is located. ‘‘(G) The provisions of section 120(h) of the Com- prehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real property under this paragraph. ‘‘(H)(i) In the case of an agreement for the transfer of property of a military installation under this para- graph that was entered into before April 21, 1999, the Secretary may modify the agreement, and in so doing compromise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States, if— ‘‘(I) the Secretary determines that as a result of changed economic circumstances, a modification of the agreement is necessary; ‘‘(II) the terms of the modification do not require the return of any payments that have been made to the Secretary; ‘‘(III) the terms of the modification do not com- promise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States with respect to in-kind consideration; and ‘‘(IV) the cash consideration to which the United States is entitled under the modified agreement, when combined with the cash consideration to be re- ceived by the United States for the disposal of other real property assets on the installation, are as suffi- cient as they were under the original agreement to fund the reserve account established under section 204(b)(7)(C) of the Defense Authorization Amend- ments and Base Closure and Realignment Act [Pub. L. 100–526, 10 U.S.C. 2687 note], with the depreciated value of the investment made with commissary store funds or nonappropriated funds in property disposed of pursuant to the agreement being modified, in ac- cordance with section 2906(d). ‘‘(ii) When exercising the authority granted by clause (i), the Secretary may waive some or all future pay- ments if, and to the extent that, the Secretary deter- mines such waiver is necessary. ‘‘(iii) With the exception of the requirement that the transfer be without consideration, the requirements of subparagraphs (B), (C), and (D) shall be applicable to any agreement modified pursuant to clause (i). ‘‘(I) In the case of an agreement for the transfer of property of a military installation under this para- graph that was entered into during the period begin- ning on April 21, 1999, and ending on the date of enact- ment of the National Defense Authorization Act for Fiscal Year 2000 [Oct. 5, 1999], at the request of the re- development authority concerned, the Secretary shall modify the agreement to conform to all the require- ments of subparagraphs (B), (C), and (D). Such a modi- Page 2113 TITLE 10—ARMED FORCES § 2687 fication may include the compromise, waiver, adjust- ment, release, or reduction of any right, title, claim, lien, or demand of the United States under the agree- ment. ‘‘(J) The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States. ‘‘(5)(A) Except as provided in subparagraphs (B) and (C), the Secretary shall take such actions as the Sec- retary determines necessary to ensure that final deter- minations under paragraph (1) regarding whether an- other department or agency of the Federal Government has identified a use for any portion of a military instal- lation to be closed or realigned 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 or realignment of that installation. ‘‘(B) The Secretary may, in consultation with the re- development 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 or realignment of the installation. ‘‘(C)(i) Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation closed or realigned or to be closed or realigned under this part as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall obtain the concurrence of the redevelopment authority with respect to the in- stallation and comply with the redevelopment plan for the installation. ‘‘(ii) Not later than 30 days after acquiring non-Fed- eral real property as the location for a new or replace- ment Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a re- port containing the results of the consultation under clause (i) and the reasons why military installations re- ferred to in such clause that are located within the area to be served by the new or replacement Federal fa- cility or within a 200-mile radius of the new or replace- ment facility, whichever area is greater, were consid- ered to be unsuitable or unavailable for the site of the new or replacement facility. ‘‘(iii) This subparagraph shall apply during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998 [Nov. 18, 1997] and ending on July 31, 2001. ‘‘(6)(A) Except as provided in this paragraph, nothing in this section shall limit or otherwise affect the appli- cation of the provisions of the McKinney-Vento Home- less Assistance Act (42 U.S.C. 11301 et seq.) to military installations closed under this part. For procedures re- lating to the use to assist the homeless of buildings and property at installations closed under this part after the date of the enactment of this sentence [Oct. 25, 1994], see paragraph (7). ‘‘(B)(i) Not later than the date on which the Sec- retary of Defense completes the determination under paragraph (5) of the transferability of any portion of an installation to be closed under this part, the Secretary shall— ‘‘(I) complete any determinations or surveys nec- essary 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 Development 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 installa- tion referred to in that clause for which no use is iden- tified, or of which no Federal department or agency will accept transfer, pursuant to the determination of transferability referred to in that clause. ‘‘(C) Not later than 60 days after the date on which the Secretary 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 build- ings and property that are so identified; ‘‘(iii) publish in the Federal Register a list of the buildings and property that are so identified, includ- ing with respect to each building or property the in- formation referred to in section 501(c)(1)(B) of such Act [42 U.S.C. 11411(c)(1)(B)]; 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 sec- tion 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 accordance 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 build- ings or property to assist the homeless is received by the Secretary of Health and Human Services in ac- cordance 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 Sec- retary 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 accordance 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 author- ity may express in writing an interest in using build- ings and property referred to subparagraph (D), and buildings and property referred to in subparagraph (B)(ii) which have not been identified as suitable for use to assist the homeless under subparagraph (C), 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 fol- lows: ‘‘(I) If no written notice of an intent to use such buildings or property to assist the homeless is re- ceived by the Secretary of Health and Human Serv- ices 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 sub- paragraph (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 Sec- retary of Health and Human Services rejects the ap- plication under section 501(e) of such Act. ‘‘(ii) Buildings and property shall be available only for the purpose of permitting a redevelopment author- ity to express in writing 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 begin- ning on the first day after the 60-day period referred to in that clause. Page 2114 TITLE 10—ARMED FORCES § 2687 ‘‘(II) In the case of buildings and property referred to in clause (i)(II), during the one-year period begin- ning 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 begin- ning on the date of the rejection of the application referred to in that clause. ‘‘(iii) A redevelopment authority shall express an in- terest 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 redevel- opment authority under subparagraph (F) shall not be available for use to assist the homeless under section 501 of such Act [42 U.S.C. 11411] 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 com- mence the use of buildings or property, under subpara- graph (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. ‘‘(7)(A) The disposal of buildings and property located at installations approved for closure or realignment under this part after October 25, 1994, shall be carried out in accordance with this paragraph rather than paragraph (6). ‘‘(B)(i) Not later than the date on which the Sec- retary of Defense completes the final determinations referred to in paragraph (5) relating to the use or trans- ferability of any portion of an installation covered by this paragraph, the Secretary shall— ‘‘(I) identify the buildings and property at the in- stallation for which the Department of Defense has a use, for which another department or agency of the Federal Government has identified a use, or of which another department or agency will accept a transfer; ‘‘(II) take such actions as are necessary to identify any building or property at the installation not iden- tified under subclause (I) that is excess property or surplus property; ‘‘(III) submit to the Secretary of Housing and Urban Development and to the redevelopment au- thority for the installation (or the chief executive of- ficer of the State in which the installation is located if there is no redevelopment authority for the instal- lation at the completion of the determination de- scribed in the stem of this sentence) information on any building or property that is identified under sub- clause (II); and ‘‘(IV) publish in the Federal Register and in a news- paper of general circulation in the communities in the vicinity of the installation information on the buildings and property identified under subclause (II). ‘‘(ii) Upon the recognition of a redevelopment author- ity for an installation covered by this paragraph, the Secretary of Defense shall publish in the Federal Reg- ister and in a newspaper of general circulation in the communities in the vicinity of the installation infor- mation on the redevelopment authority. ‘‘(C)(i) State and local governments, representatives of the homeless, and other interested parties located in the communities in the vicinity of an installation cov- ered by this paragraph shall submit to the redevelop- ment authority for the installation a notice of the in- terest, if any, of such governments, representatives, and parties in the buildings or property, or any portion thereof, at the installation that are identified under subparagraph (B)(i)(II). A notice of interest under this clause shall describe the need of the government, rep- resentative, or party concerned for the buildings or property covered by the notice. ‘‘(ii) The redevelopment authority for an installation shall assist the governments, representatives, and par- ties referred to in clause (i) in evaluating buildings and property at the installation for purposes of this sub- paragraph. ‘‘(iii) In providing assistance under clause (ii), a rede- velopment authority shall— ‘‘(I) consult with representatives of the homeless in the communities in the vicinity of the installation concerned; and ‘‘(II) undertake outreach efforts to provide informa- tion on the buildings and property to representatives of the homeless, and to other persons or entities in- terested in assisting the homeless, in such commu- nities. ‘‘(iv) It is the sense of Congress that redevelopment authorities should begin to conduct outreach efforts under clause (iii)(II) with respect to an installation as soon as is practicable after the date of approval of clo- sure or realignment of the installation. ‘‘(D)(i) State and local governments, representatives of the homeless, and other interested parties shall sub- mit a notice of interest to a redevelopment authority under subparagraph (C) not later than the date speci- fied for such notice by the redevelopment authority. ‘‘(ii) The date specified under clause (i) shall be— ‘‘(I) in the case of an installation for which a rede- velopment authority has been recognized as of the date of the completion of the determinations referred to in paragraph (5), not earlier than 3 months and not later than 6 months after the date of publication of such determination in a newspaper of general circula- tion in the communities in the vicinity of the instal- lation under subparagraph (B)(i)(IV); and ‘‘(II) in the case of an installation for which a rede- velopment authority is not recognized as of such date, not earlier than 3 months and not later than 6 months after the date of the recognition of a redevel- opment authority for the installation. ‘‘(iii) Upon specifying a date for an installation under this subparagraph, the redevelopment authority for the installation shall— ‘‘(I) publish the date specified in a newspaper of general circulation in the communities in the vicin- ity of the installation concerned; and ‘‘(II) notify the Secretary of Defense of the date. ‘‘(E)(i) In submitting to a redevelopment authority under subparagraph (C) a notice of interest in the use of buildings or property at an installation to assist the homeless, a representative of the homeless shall submit the following: ‘‘(I) A description of the homeless assistance pro- gram that the representative proposes to carry out at the installation. ‘‘(II) An assessment of the need for the program. ‘‘(III) A description of the extent to which the pro- gram is or will be coordinated with other homeless assistance programs in the communities in the vicin- ity of the installation. ‘‘(IV) A description of the buildings and property at the installation that are necessary in order to carry out the program. ‘‘(V) A description of the financial plan, the organi- zation, and the organizational capacity of the rep- resentative to carry out the program. ‘‘(VI) An assessment of the time required in order to commence carrying out the program. ‘‘(ii) A redevelopment authority may not release to the public any information submitted to the redevelop- ment authority under clause (i)(V) without the consent of the representative of the homeless concerned unless such release is authorized under Federal law and under the law of the State and communities in which the in- stallation concerned is located. ‘‘(F)(i) The redevelopment authority for each instal- lation covered by this paragraph shall prepare a rede- velopment plan for the installation. The redevelopment authority shall, in preparing the plan, consider the in- terests in the use to assist the homeless of the build- ings and property at the installation that are expressed in the notices submitted to the redevelopment author- ity under subparagraph (C). ‘‘(ii)(I) In connection with a redevelopment plan for an installation, a redevelopment authority and rep- resentatives of the homeless shall prepare legally bind- ing agreements that provide for the use to assist the homeless of buildings and property, resources, and as- Page 2115 TITLE 10—ARMED FORCES § 2687 sistance on or off the installation. The implementation of such agreements shall be contingent upon the deci- sion regarding the disposal of the buildings and prop- erty covered by the agreements by the Secretary of De- fense under subparagraph (K) or (L). ‘‘(II) Agreements under this clause shall provide for the reversion to the redevelopment authority con- cerned, or to such other entity or entities as the agree- ments shall provide, of buildings and property that are made available under this paragraph for use to assist the homeless in the event that such buildings and prop- erty cease being used for that purpose. ‘‘(iii) A redevelopment authority shall provide oppor- tunity for public comment on a redevelopment plan be- fore submission of the plan to the Secretary of Defense and the Secretary of Housing and Urban Development under subparagraph (G). ‘‘(iv) A redevelopment authority shall complete prep- aration of a redevelopment plan for an installation and submit the plan under subparagraph (G) not later than 9 months after the date specified by the redevelopment authority for the installation under subparagraph (D). ‘‘(G)(i) Upon completion of a redevelopment plan under subparagraph (F), a redevelopment authority shall submit an application containing the plan to the Secretary of Defense and to the Secretary of Housing and Urban Development. ‘‘(ii) A redevelopment authority shall include in an application under clause (i) the following: ‘‘(I) A copy of the redevelopment plan, including a summary of any public comments on the plan re- ceived by the redevelopment authority under sub- paragraph (F)(iii). ‘‘(II) A copy of each notice of interest of use of buildings and property to assist the homeless that was submitted to the redevelopment authority under subparagraph (C), together with a description of the manner, if any, in which the plan addresses the inter- est expressed in each such notice and, if the plan does not address such an interest, an explanation why the plan does not address the interest. ‘‘(III) A summary of the outreach undertaken by the redevelopment authority under subparagraph (C)(iii)(II) in preparing the plan. ‘‘(IV) A statement identifying the representatives of the homeless and the homeless assistance planning boards, if any, with which the redevelopment author- ity consulted in preparing the plan, and the results of such consultations. ‘‘(V) An assessment of the manner in which the re- development plan balances the expressed needs of the homeless and the need of the communities in the vi- cinity of the installation for economic redevelopment and other development. ‘‘(VI) Copies of the agreements that the redevelop- ment authority proposes to enter into under subpara- graph (F)(ii). ‘‘(H)(i) Not later than 60 days after receiving a rede- velopment plan under subparagraph (G), the Secretary of Housing and Urban Development shall complete a re- view of the plan. The purpose of the review is to deter- mine whether the plan, with respect to the expressed interest and requests of representatives of the home- less— ‘‘(I) takes into consideration the size and nature of the homeless population in the communities in the vicinity of the installation, the availability of exist- ing services in such communities to meet the needs of the homeless in such communities, and the suit- ability of the buildings and property covered by the plan for the use and needs of the homeless in such communities; ‘‘(II) takes into consideration any economic impact of the homeless assistance under the plan on the com- munities in the vicinity of the installation; ‘‘(III) balances in an appropriate manner the needs of the communities in the vicinity of the installation for economic redevelopment and other development with the needs of the homeless in such communities; ‘‘(IV) was developed in consultation with represent- atives of the homeless and the homeless assistance planning boards, if any, in the communities in the vi- cinity of the installation; and ‘‘(V) specifies the manner in which buildings and property, resources, and assistance on or off the in- stallation will be made available for homeless assist- ance purposes. ‘‘(ii) It is the sense of Congress that the Secretary of Housing and Urban Development shall, in completing the review of a plan under this subparagraph, take into consideration and be receptive to the predominant views on the plan of the communities in the vicinity of the installation covered by the plan. ‘‘(iii) The Secretary of Housing and Urban Develop- ment may engage in negotiations and consultations with a redevelopment authority before or during the course of a review under clause (i) with a view toward resolving any preliminary determination of the Sec- retary that a redevelopment plan does not meet a re- quirement set forth in that clause. The redevelopment authority may modify the redevelopment plan as a re- sult of such negotiations and consultations. ‘‘(iv) Upon completion of a review of a redevelopment plan under clause (i), the Secretary of Housing and Urban Development shall notify the Secretary of De- fense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under that clause. ‘‘(v) If the Secretary of Housing and Urban Develop- ment determines as a result of such a review that a re- development plan does not meet the requirements set forth in clause (i), a notice under clause (iv) shall in- clude— ‘‘(I) an explanation of that determination; and ‘‘(II) a statement of the actions that the redevelop- ment authority must undertake in order to address that determination. ‘‘(I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a determination that a redevelopment plan does not meet a requirement set forth in subparagraph (H)(i), a redevelopment authority shall have the oppor- tunity to— ‘‘(I) revise the plan in order to address the deter- mination; and ‘‘(II) submit the revised plan to the Secretary of Defense and the Secretary of Housing and Urban De- velopment. ‘‘(ii) A redevelopment authority shall submit a re- vised plan under this subparagraph to such Secretaries, if at all, not later than 90 days after the date on which the redevelopment authority receives the notice re- ferred to in clause (i). ‘‘(J)(i) Not later than 30 days after receiving a revised redevelopment plan under subparagraph (I), the Sec- retary of Housing and Urban Development shall review the revised plan and determine if the plan meets the re- quirements set forth in subparagraph (H)(i). ‘‘(ii) The Secretary of Housing and Urban Develop- ment shall notify the Secretary of Defense and the re- development authority concerned of the determination of the Secretary of Housing and Urban Development under this subparagraph. ‘‘(K)(i) Upon receipt of a notice under subparagraph (H)(iv) or (J)(ii) of the determination of the Secretary of Housing and Urban Development that a redevelop- ment plan for an installation meets the requirements set forth in subparagraph (H)(i), the Secretary of De- fense shall dispose of the buildings and property at the installation. ‘‘(ii) For purposes of carrying out an environmental assessment of the closure or realignment of an installa- tion, the Secretary of Defense shall treat the redevelop- ment plan for the installation (including the aspects of the plan providing for disposal to State or local govern- ments, representatives of the homeless, and other in- terested parties) as part of the proposed Federal action for the installation. ‘‘(iii) The Secretary of Defense shall dispose of build- ings and property under clause (i) in accordance with the record of decision or other decision document pre- pared by the Secretary in accordance with the National Page 2116 TITLE 10—ARMED FORCES § 2687 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the record of decision or other deci- sion document, the Secretary shall give substantial deference to the redevelopment plan concerned. ‘‘(iv) The disposal under clause (i) of buildings and property to assist the homeless shall be without consid- eration. ‘‘(v) In the case of a request for a conveyance under clause (i) of buildings and property for public benefit under section 550 of title 40, United States Code, or sec- tions 47151 through 47153 of title 49, United States Code, the sponsoring Federal agency shall use the eligibility criteria set forth in such section or such subchapter [probably means subchapter II (§ 47151 et seq.) of chap- ter 471 of Title 49, Transportation] (as the case may be) to determine the eligibility of the applicant and use proposed in the request for the public benefit convey- ance. The determination of such eligibility should be made before submission of the redevelopment plan con- cerned under subparagraph (G). ‘‘(L)(i) If the Secretary of Housing and Urban Devel- opment determines under subparagraph (J) that a re- vised redevelopment plan for an installation does not meet the requirements set forth in subparagraph (H)(i), or if no revised plan is so submitted, that Secretary shall— ‘‘(I) review the original redevelopment plan sub- mitted to that Secretary under subparagraph (G), in- cluding the notice or notices of representatives of the homeless referred to in clause (ii)(II) of that subpara- graph; ‘‘(II) consult with the representatives referred to in subclause (I), if any, for purposes of evaluating the continuing interest of such representatives in the use of buildings or property at the installation to assist the homeless; ‘‘(III) request that each such representative submit to that Secretary the items described in clause (ii); and ‘‘(IV) based on the actions of that Secretary under subclauses (I) and (II), and on any information ob- tained by that Secretary as a result of such actions, indicate to the Secretary of Defense the buildings and property at the installation that meet the require- ments set forth in subparagraph (H)(i). ‘‘(ii) The Secretary of Housing and Urban Develop- ment may request under clause (i)(III) that a represent- ative of the homeless submit to that Secretary the fol- lowing: ‘‘(I) A description of the program of such represent- ative to assist the homeless. ‘‘(II) A description of the manner in which the buildings and property that the representative pro- poses to use for such purpose will assist the homeless. ‘‘(III) Such information as that Secretary requires in order to determine the financial capacity of the representative to carry out the program and to en- sure that the program will be carried out in compli- ance with Federal environmental law and Federal law against discrimination. ‘‘(IV) A certification that police services, fire pro- tection services, and water and sewer services avail- able in the communities in the vicinity of the instal- lation concerned are adequate for the program. ‘‘(iii) Not later than 90 days after the date of the re- ceipt of a revised plan for an installation under sub- paragraph (J), the Secretary of Housing and Urban De- velopment shall— ‘‘(I) notify the Secretary of Defense and the rede- velopment authority concerned of the buildings and property at an installation under clause (i)(IV) that the Secretary of Housing and Urban Development de- termines are suitable for use to assist the homeless; and ‘‘(II) notify the Secretary of Defense of the extent to which the revised plan meets the criteria set forth in subparagraph (H)(i). ‘‘(iv)(I) Upon notice from the Secretary of Housing and Urban Development with respect to an installation under clause (iii), the Secretary of Defense shall dis- pose of buildings and property at the installation in consultation with the Secretary of Housing and Urban Development and the redevelopment authority con- cerned. ‘‘(II) For purposes of carrying out an environmental assessment of the closure or realignment of an installa- tion, the Secretary of Defense shall treat the redevelop- ment plan submitted by the redevelopment authority for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation. The Secretary of Defense shall incor- porate the notification of the Secretary of Housing and Urban Development under clause (iii)(I) as part of the proposed Federal action for the installation only to the extent, if any, that the Secretary of Defense considers such incorporation to be appropriate and consistent with the best and highest use of the installation as a whole, taking into consideration the redevelopment plan submitted by the redevelopment authority. ‘‘(III) The Secretary of Defense shall dispose of build- ings and property under subclause (I) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the record of decision or other de- cision document, the Secretary shall give deference to the redevelopment plan submitted by the redevelop- ment authority for the installation. ‘‘(IV) The disposal under subclause (I) of buildings and property to assist the homeless shall be without consideration. ‘‘(V) In the case of a request for a conveyance under subclause (I) of buildings and property for public ben- efit under section 550 of title 40, United States Code, or sections 47151 through 47153 of title 49, United States Code, the sponsoring Federal agency shall use the eligi- bility criteria set forth in such section or such sub- chapter [probably means subchapter II (§ 47151 et seq.) of Title 49, Transportation] (as the case may be) to de- termine the eligibility of the applicant and use pro- posed in the request for the public benefit conveyance. The determination of such eligibility should be made before submission of the redevelopment plan concerned under subparagraph (G). ‘‘(M)(i) In the event of the disposal of buildings and property of an installation pursuant to subparagraph (K) or (L), the redevelopment authority for the instal- lation shall be responsible for the implementation of and compliance with agreements under the redevelop- ment plan described in that subparagraph for the in- stallation. ‘‘(ii) If a building or property reverts to a redevelop- ment authority under such an agreement, the redevel- opment authority shall take appropriate actions to se- cure, to the maximum extent practicable, the utiliza- tion of the building or property by other homeless rep- resentatives to assist the homeless. A redevelopment authority may not be required to utilize the building or property to assist the homeless. ‘‘(N) The Secretary of Defense may postpone or ex- tend any deadline provided for under this paragraph in the case of an installation covered by this paragraph for such period as the Secretary considers appropriate if the Secretary determines that such postponement is in the interests of the communities affected by the clo- sure or realignment of the installation. The Secretary shall make such determinations in consultation with the redevelopment authority concerned and, in the case of deadlines provided for under this paragraph with re- spect to the Secretary of Housing and Urban Develop- ment, in consultation with the Secretary of Housing and Urban Development. ‘‘(O) For purposes of this paragraph, the term ‘com- munities in the vicinity of the installation’, in the case of an installation, means the communities that con- stitute the political jurisdictions (other than the State in which the installation is located) that comprise the redevelopment authority for the installation. Page 2117 TITLE 10—ARMED FORCES § 2687 ‘‘(P) For purposes of this paragraph, the term ‘other interested parties’, in the case of an installation, in- cludes any parties eligible for the conveyance of prop- erty of the installation under section 550 of title 40, United States Code, or sections 47151 through 47153 of title 49, United States Code, whether or not the parties assist the homeless. ‘‘(8)(A) Subject to subparagraph (C), the Secretary may enter into agreements (including contracts, coop- erative agreements, or other arrangements for reim- bursement) with local governments for the provision of police or security services, fire protection services, air- field operation services, or other community services by such governments at military installations to be closed under this part, or at facilities not yet trans- ferred or otherwise disposed of in the case of installa- tions closed under this part, if the Secretary deter- mines that the provision of such services under such agreements is in the best interests of the Department of Defense. ‘‘(B) The Secretary may exercise the authority pro- vided under this paragraph without regard to the provi- sions of chapter 146 of title 10, United States Code. ‘‘(C) The Secretary may not exercise the authority under subparagraph (A) with respect to an installation earlier than 180 days before the date on which the in- stallation is to be closed. ‘‘(D) The Secretary shall include in a contract for services entered into with a local government under this paragraph a clause that requires the use of profes- sionals to furnish the services to the extent that pro- fessionals are available in the area under the jurisdic- tion of such government. ‘‘(c) APPLICABILITY OF NATIONAL ENVIRONMENTAL POL- ICY ACT OF 1969.—(1) The provisions of the National En- vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the actions of the President, the Commission, and, except as provided in paragraph (2), the Department of Defense in carrying out this part. ‘‘(2)(A) The provisions of the National Environmental Policy Act of 1969 shall apply to actions of the Depart- ment of Defense under this part (i) during the process of property disposal, and (ii) during the process of relo- cating functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated. ‘‘(B) In applying the provisions of the National Envi- ronmental Policy Act of 1969 to the processes referred to in subparagraph (A), the Secretary of Defense and the Secretary of the military departments concerned shall not have to consider— ‘‘(i) the need for closing or realigning the military installation which has been recommended for closure or realignment by the Commission; ‘‘(ii) the need for transferring functions to any mili- tary installation which has been selected as the re- ceiving installation; or ‘‘(iii) military installations alternative to those recommended or selected. ‘‘(3) A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), of any act or failure to act by the De- partment of Defense during the closing, realigning, or relocating of functions referred to in clauses (i) and (ii) of paragraph (2)(A), may not be brought more than 60 days after the date of such act or failure to act. ‘‘(d) WAIVER.—The Secretary of Defense may close or realign military installations under this part without regard to— ‘‘(1) any provision of law restricting the use of funds for closing or realigning military installations included in any appropriations or authorization Act; and ‘‘(2) sections 2662 and 2687 of title 10, United States Code. ‘‘(e) TRANSFER AUTHORITY IN CONNECTION WITH PAY- MENT 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 subparagraph (B) with any person who agrees to per- form all environmental restoration, waste manage- ment, 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 lo- cated at an installation closed or to be closed, or re- aligned or to be realigned, under this part that are available exclusively for the use, or expression of an in- terest in a use, of a redevelopment authority under sub- section (b)(6)(F) during the period provided for that use, or expression of interest in use, under that sub- section. The real property and facilities referred to in subparagraph (A) are also the real property and facili- ties located at an installation approved for closure or realignment under this part after 2001 that are avail- able for purposes other than to assist the homeless. ‘‘(C) The Secretary may require any additional terms and conditions in connection with an agreement au- thorized by subparagraph (A) as the Secretary con- siders 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 otherwise to be paid by the Secretary with respect to 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 Sec- retary; 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 be- tween the fair market value and such costs. ‘‘(3) In the case of property or facilities covered by a certification under paragraph (2)(A), the Secretary may pay the recipient of such property or facilities an amount equal to the lesser of— ‘‘(A) the amount by which the costs incurred by the recipient of such property or facilities for all environ- mental restoration, waste, management, and environ- mental compliance activities with respect to such property or facilities exceed the fair market value of such property or facilities as specified in such certifi- cation; or ‘‘(B) the amount by which the costs (as determined by the Secretary) that would otherwise have been in- curred by the Secretary for such restoration, man- agement, and activities with respect to such property or facilities exceed the fair market value of such property or facilities as so specified. ‘‘(4) 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 informa- tion of the Secretary regarding the environmental res- toration, waste management, and environmental com- pliance activities described in paragraph (1) that relate to the property or facilities. The Secretary shall pro- vide such information before entering into the agree- ment. ‘‘(5) Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive Environ- mental Response, Compensation, 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.). ‘‘(6) Section 330 of the National Defense Authoriza- tion Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2687 note) shall not apply to any transfer under this subsection to persons or entities described in sub- section (a)(2) of such section 330, except in the case of releases or threatened releases not disclosed pursuant to paragraph (4). Page 2118 TITLE 10—ARMED FORCES § 2687 ‘‘(f) REPORT ON DESIGNATION OF PROPERTY AS EXCESS INSTEAD OF SURPLUS.—(1) Not later than 180 days after the date on which real property located at a military installation closed or realigned under this part is de- clared excess, but not surplus, the Secretary of Defense shall submit to the congressional defense committees a report identifying the property and including the infor- mation required by paragraph (2). The Secretary shall update the report every 180 days thereafter until the property is either declared surplus or transferred to an- other Federal agency. ‘‘(2) Each report under paragraph (1) shall include the following elements: ‘‘(A) The reason for the excess designation. ‘‘(B) The nature of the contemplated transfer. ‘‘(C) The proposed timeline for the transfer. ‘‘(D) Any impediments to completing the Federal agency screening process. ‘‘(g) ACQUISITION OF MANUFACTURED HOUSING.—(1) In closing or realigning any military installation under this part, the Secretary may purchase any or all right, title, and interest of a member of the Armed Forces and any spouse of the member in manufactured housing located at a manufactured housing park established at an installation closed or realigned under this part, or make a payment to the member to relocate the manu- factured housing to a suitable new site, if the Secretary determines that— ‘‘(A) it is in the best interests of the Federal Gov- ernment to eliminate or relocate the manufactured housing park; and ‘‘(B) the elimination or relocation of the manufac- tured housing park would result in an unreasonable financial hardship to the owners of the manufactured housing. ‘‘(2) Any payment made under this subsection shall not exceed 90 percent of the purchase price of the man- ufactured housing, as paid by the member or any spouse of the member, plus the cost of any permanent improvements subsequently made to the manufactured housing by the member or spouse of the member. ‘‘(3) The Secretary shall dispose of manufactured housing acquired under this subsection through resale, donation, trade or otherwise within one year of acquisi- tion. ‘‘SEC. 2906. DEPARTMENT OF DEFENSE BASE CLO- SURE ACCOUNT ‘‘(a) ESTABLISHMENT.—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 Secretary as a sin- gle account. ‘‘(b) CREDITS TO ACCOUNT.—There shall be credited to the Account the following: ‘‘(1) Funds authorized for and appropriated to the Account. ‘‘(2) Funds transferred to the Account pursuant to section 2711(b) of the Military Construction Author- ization Act for Fiscal Year 2013 [div. B of Pub. L. 112–239]. ‘‘(3) Funds that the Secretary may, subject to ap- proval in an appropriation Act, transfer to the Ac- count from funds appropriated to the Department of Defense for any purpose, except that funds may be transferred under the authority of this paragraph only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees. ‘‘(4) Proceeds received from the lease, transfer, or disposal of any property at a military installation closed or realigned under this part or the 1988 BRAC law. ‘‘(c) USE OF ACCOUNT.— ‘‘(1) AUTHORIZED PURPOSES.—The Secretary may use the funds in the Account only for the following pur- poses: ‘‘(A) To carry out the Defense Environmental Restoration Program under section 2701 of title 10, United States Code, and other environmental res- toration and mitigation activities at military in- stallations closed or realigned under this part or the 1988 BRAC law. ‘‘(B) To cover property management, disposal, and caretaker costs incurred at military installa- tions closed or realigned under this part or the 1988 BRAC law. ‘‘(C) To cover costs associated with supervision, inspection, overhead, engineering, and design of military construction projects undertaken under this part or the 1988 BRAC law before September 30, 2013, and subsequent claims, if any, related to such activities. ‘‘(D) To record, adjust, and liquidate obligations properly chargeable to the following accounts: ‘‘(i) The Department of Defense Base Closure Account 2005 established by section 2906A of this part, as in effect on September 30, 2013. ‘‘(ii) The Department of Defense Base Closure Account 1990 established by this section, as in ef- fect on September 30, 2013. ‘‘(iii) The Department of Defense Base Closure Account established by section 207 of the 1988 BRAC law, as in effect on September 30, 2013. ‘‘(E) To carry out the demolition or removal of any building or structure under the control of the Secretary of the Navy that is not designated as his- toric under a Federal, State, or local law and is lo- cated on a military installation closed or realigned under a base closure law (as such term is defined in section 101 of title 10, United States Code) at which the sampling or remediation of radiologically con- taminated materials has been the subject of sub- stantiated allegations of fraud, without regard to— ‘‘(i) whether the building or structure is radiologically impacted; or ‘‘(ii) whether such demolition or removal is car- ried out, as part of a response action or otherwise, under the Defense Environmental Restoration Program specified in subparagraph (A) or CERCLA (as such term is defined in section 2700 of title 10, United States Code). ‘‘(2) SOLE SOURCE OF FUNDS.—The Account shall be the sole source of Federal funds for the activities specified in paragraph (1) at a military installation closed or realigned under this part or the 1988 BRAC law. ‘‘(3) PROHIBITION ON USE OF ACCOUNT FOR NEW MILI- TARY CONSTRUCTION.—Except as provided in paragraph (1), funds in the Account may not be used, directly or by transfer to another appropriations account, to carry out a military construction project, including a minor military construction project, under section 2905(a) or any other provision of law at a military in- stallation closed or realigned under this part or the 1988 BRAC law. ‘‘(d) DISPOSAL OR TRANSFER OF COMMISSARY STORES AND PROPERTY PURCHASED WITH NONAPPROPRIATED FUNDS.— ‘‘(1) DEPOSIT OF PROCEEDS IN RESERVE ACCOUNT.—If any real property or facility acquired, constructed, or improved (in whole or in part) with commissary store funds or nonappropriated funds is transferred or dis- posed of in connection with the closure or realign- ment of a military installation under this part, a por- tion of the proceeds of the transfer or other disposal of property on that installation shall be deposited in the reserve account established under section 204(b)(7)(C) of the 1988 BRAC law. ‘‘(2) The amount so deposited under paragraph (1) shall be equal to the depreciated value of the invest- ment made with such funds in the acquisition, con- struction, or improvement of that particular real property or facility. The depreciated value of the in- vestment shall be computed in accordance with regu- lations prescribed by the Secretary. ‘‘(3) USE OF RESERVE FUNDS.—Subject to the limita- tion contained in section 204(b)(7)(C)(iii) of the 1988 BRAC law, amounts in the reserve account are here- by made available to the Secretary, without appro- Page 2119 TITLE 10—ARMED FORCES § 2687 priation and until expended, for the purpose of ac- quiring, constructing, and improving— ‘‘(A) commissary stores; and ‘‘(B) real property and facilities for non- appropriated fund instrumentalities. ‘‘(e) CONSOLIDATED BUDGET JUSTIFICATION DISPLAY FOR ACCOUNT.— ‘‘(1) CONSOLIDATED BUDGET INFORMATION REQUIRED.— The Secretary shall establish a consolidated budget justification display in support of the Account that for each fiscal year— ‘‘(A) details the amount and nature of credits to, and expenditures from, the Account during the pre- ceding fiscal year; ‘‘(B) separately details the caretaker and environ- mental remediation costs associated with each military installation for which a budget request is made; ‘‘(C) specifies the transfers into the Account and the purposes for which these transferred funds will be further obligated, to include caretaker and envi- ronment remediation costs associated with each military installation; ‘‘(D) specifies the closure or realignment rec- ommendation, and the base closure round in which the recommendation was made, that precipitated the inclusion of the military installation; and ‘‘(E) details any intra-budget activity transfers within the Account that exceeded $1,000,000 during the preceding fiscal year or that are proposed for the next fiscal year and will exceed $1,000,000. ‘‘(2) SUBMISSION.—The Secretary shall include the information required by paragraph (1) in the mate- rials that the Secretary submits to Congress in sup- port of the budget for a fiscal year submitted by the President pursuant to section 1105 of title 31, United States Code. ‘‘(f) CLOSURE OF ACCOUNT; TREATMENT OF REMAINING FUNDS.— ‘‘(1) CLOSURE.—The Account shall be closed at the time and in the manner provided for appropriation accounts under section 1555 of title 31, United States Code, except that unobligated funds which remain in the Account upon closure shall be held by the Sec- retary of the Treasury until transferred by law after the congressional defense committees receive the final report transmitted under paragraph (2). ‘‘(2) FINAL REPORT.—No later than 60 days after the closure of the Account under paragraph (1), the Sec- retary shall transmit to the congressional defense committees a report containing an accounting of— ‘‘(A) all the funds credited to and expended from the Account or otherwise expended under this part or the 1988 BRAC law; and ‘‘(B) any funds remaining in the Account. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) The term ‘commissary store funds’ means funds received from the adjustment of, or surcharge on, selling prices at commissary stores fixed under section 2685 of title 10, United States Code. ‘‘(2) The term ‘nonappropriated funds’ means funds received from a nonappropriated fund instrumen- tality. ‘‘(3) The term ‘nonappropriated fund instrumen- tality’ means an instrumentality of the United States under the jurisdiction of the Armed Forces (including the Army and Air Force Exchange Service, the Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the comfort, pleasure, contentment, or physical or men- tal improvement of members of the Armed Forces. ‘‘(4) The term ‘1988 BRAC law’ means title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). ‘‘[SEC. 2906A. Repealed. Pub. L. 112–239, div. B, title XXVII, § 2711(a), Jan. 2, 2013, 126 Stat. 2140.] ‘‘[SEC. 2907. Repealed. Pub. L. 112–239, div. B, title XXVII, § 2711(c)(2), Jan. 2, 2013, 126 Stat. 2143.] ‘‘SEC. 2908. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT ‘‘(a) TERMS OF THE RESOLUTION.—For purposes of sec- tion 2904(b), the term ‘joint resolution’ means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President transmits the report to the Congress under section 2903(e), and— ‘‘(1) which does not have a preamble; ‘‘(2) the matter after the resolving clause of which is as follows: ‘That Congress disapproves the rec- ommendations of the Defense Base Closure and Re- alignment Commission as submitted by the President on ———’, the blank space being filled in with the ap- propriate date; and ‘‘(3) the title of which is as follows: ‘Joint resolu- tion disapproving the recommendations of the De- fense Base Closure and Realignment Commission.’. ‘‘(b) REFERRAL.—A resolution described in subsection (a) that is 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 re- ferred to the Committee on Armed Services of the Sen- ate. ‘‘(c) DISCHARGE.—If the committee to which a resolu- tion described in subsection (a) is referred has not re- ported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President transmits the report to the Con- gress under section 2903(e), such committee shall be, at the end of such period, discharged from further consid- eration of such resolution, and such resolution shall be placed on the appropriate calendar of the House in- volved. ‘‘(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 dis- charged (under subsection (c)) from further consider- ation 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 consideration of the resolution. A Mem- ber may make the motion only on the day after the cal- endar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Rep- resentatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged 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 proceed to the consider- ation 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 con- sideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until dis- posed of. ‘‘(2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be di- vided equally between those favoring and those oppos- ing 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 busi- ness, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. Page 2120 TITLE 10—ARMED FORCES § 2687 ‘‘(3) Immediately following the conclusion of the de- bate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if re- quested 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 application 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 sub- section (a) shall be decided without debate. ‘‘(e) CONSIDERATION BY OTHER HOUSE.—(1) If, before the passage by one House of a resolution of that House described in subsection (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 pas- sage as provided in subparagraph (B)(ii). ‘‘(B) With respect to a resolution described in sub- section (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 res- olution of the other House. ‘‘(2) Upon disposition of the resolution received from the other House, it shall no longer be in order to con- sider 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 in- consistent with such rules; and ‘‘(2) with full recognition of the constitutional right of either House to change the rules (so far as re- lating to the procedure of 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. 2909. RESTRICTION ON OTHER BASE CLO- SURE AUTHORITY ‘‘(a) IN GENERAL.—Except as provided in subsection (c), during the period beginning on November 5, 1990, and ending on April 15, 2006, this part shall be the ex- clusive authority for selecting for closure or realign- ment, or for carrying out any closure or realignment of, a military installation inside the United States. ‘‘(b) RESTRICTION.—Except as provided in subsection (c), none of the funds available to the Department of Defense may be used, other than under this part, dur- ing the period specified in subsection (a)— ‘‘(1) to identify, through any transmittal to the Congress or through any other public announcement or notification, any military installation inside the United States as an installation to be closed or re- aligned or as an installation under consideration for closure or realignment; or ‘‘(2) to carry out any closure or realignment of a military installation inside the United States. ‘‘(c) EXCEPTION.—Nothing in this part affects the au- thority of the Secretary to carry out— ‘‘(1) closures and realignments under title II of Pub- lic Law 100–526 [set out below]; and ‘‘(2) closures and realignments to which section 2687 of title 10, United States Code, is not applicable, in- cluding closures and realignments carried out for rea- sons of national security or a military emergency re- ferred to in subsection (c) of such section. ‘‘SEC. 2910. DEFINITIONS ‘‘As used in this part: ‘‘(1) The term ‘Account’ means the Department of Defense Base Closure Account established by section 2906(a). ‘‘(2) The term ‘congressional defense committees’ means the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. ‘‘(3) The term ‘Commission’ means the Commission established by section 2902. ‘‘(4) 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 Department of Defense, including any leased facility. Such term does not include any facility used primarily for civil works, rivers and harbors projects, flood control, or other projects not under the primary jurisdiction or control of the Department of Defense. ‘‘(5) The term ‘realignment’ includes any action which both reduces and relocates functions and civil- ian personnel positions but does not include a reduc- tion in force resulting from workload adjustments, reduced personnel or funding levels, or skill imbal- ances. ‘‘(6) The term ‘Secretary’ means the Secretary of Defense. ‘‘(7) The term ‘United States’ means the 50 States, the District of Columbia, the Commonwealth of Puer- to Rico, Guam, the Virgin Islands, American Samoa, and any other commonwealth, territory, or posses- sion of the United States. ‘‘(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 dis- approve a recommendation of closure or realignment, as the case may be, of such installation under this part expires. ‘‘(9)(A) The term ‘redevelopment authority’, in the case of an installation to be closed or realigned under this part, means any entity (including an entity es- tablished 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 or for directing the implementa- tion of such plan. ‘‘(B) If no redevelopment authority referred to in subparagraph (A) exists with respect to a military in- stallation, the term shall include the following: ‘‘(i) The local government in whose jurisdiction the military installation is wholly located. ‘‘(ii) A local government agency or State govern- ment agency designated by the chief executive offi- cer of the State in which the military installation is located under subparagraph (B) of section 2905(b)(3) for the purpose of the consultation re- quired by subparagraph (A) of such section. ‘‘(10) The term ‘redevelopment plan’ in the case of an installation to be closed or realigned under this part, means a plan that— ‘‘(A) is agreed to by the local redevelopment au- thority with respect to the installation; and ‘‘(B) provides for the reuse or redevelopment of the real property and personal property of the in- stallation that is available for such reuse and rede- velopment as a result of the closure or realignment of the installation. ‘‘(11) The term ‘representative of the homeless’ has the meaning given such term in section 501(i)(4) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(i)(4)). ‘‘SEC. 2911. CLARIFYING AMENDMENT ‘‘[Amended this section.] ‘‘SEC. 2912. 2005 ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY INSTALLATIONS. ‘‘(a) FORCE-STRUCTURE PLAN AND INFRASTRUCTURE IN- VENTORY.— ‘‘(1) PREPARATION AND SUBMISSION.—As part of the budget justification documents submitted to Con- gress in support of the budget for the Department of Defense for fiscal year 2005, the Secretary shall in- clude the following: ‘‘(A) A force-structure plan for the Armed Forces based on an assessment by the Secretary of the Page 2121 TITLE 10—ARMED FORCES § 2687 probable threats to the national security during the 20-year period beginning with fiscal year 2005, the probable end-strength levels and major military force units (including land force divisions, carrier and other major combatant vessels, air wings, and other comparable units) needed to meet these threats, and the anticipated levels of funding that will be available for national defense purposes dur- ing such period. ‘‘(B) A comprehensive inventory of military in- stallations world-wide for each military depart- ment, with specifications of the number and type of facilities in the active and reserve forces of each military department. ‘‘(2) RELATIONSHIP OF PLAN AND INVENTORY.—Using the force-structure plan and infrastructure inventory prepared under paragraph (1), the Secretary shall pre- pare (and include as part of the submission of such plan and inventory) the following: ‘‘(A) A description of the infrastructure necessary to support the force structure described in the force-structure plan. ‘‘(B) A discussion of categories of excess infra- structure and infrastructure capacity. ‘‘(C) An economic analysis of the effect of the clo- sure or realignment of military installations to re- duce excess infrastructure. ‘‘(3) SPECIAL CONSIDERATIONS.—In determining the level of necessary versus excess infrastructure under paragraph (2), the Secretary shall consider the fol- lowing: ‘‘(A) The anticipated continuing need for and availability of military installations outside the United States, taking into account current restric- tions on the use of military installations outside the United States and the potential for future pro- hibitions or restrictions on the use of such military installations. ‘‘(B) Any efficiencies that may be gained from joint tenancy by more than one branch of the Armed Forces at a military installation. ‘‘(4) REVISION.—The Secretary may revise the force- structure plan and infrastructure inventory. If the Secretary makes such a revision, the Secretary shall submit the revised plan or inventory to Congress not later than March 15, 2005. For purposes of selecting military installations for closure or realignment under this part in 2005, no revision of the force-struc- ture plan or infrastructure inventory is authorized after that date. ‘‘(b) CERTIFICATION OF NEED FOR FURTHER CLOSURES AND REALIGNMENTS.— ‘‘(1) CERTIFICATION REQUIRED.—On the basis of the force-structure plan and infrastructure inventory prepared under subsection (a) and the descriptions and economic analysis prepared under such sub- section, the Secretary shall include as part of the submission of the plan and inventory— ‘‘(A) a certification regarding whether the need exists for the closure or realignment of additional military installations; and ‘‘(B) if such need exists, a certification that the additional round of closures and realignments would result in annual net savings for each of the military departments beginning not later than fis- cal year 2011. ‘‘(2) EFFECT OF FAILURE TO CERTIFY.—If the Sec- retary does not include the certifications referred to in paragraph (1), the process by which military in- stallations may be selected for closure or realign- ment under this part in 2005 shall be terminated. ‘‘(c) COMPTROLLER GENERAL EVALUATION.— ‘‘(1) EVALUATION REQUIRED.—If the certification is provided under subsection (b), the Comptroller Gen- eral shall prepare an evaluation of the following: ‘‘(A) The force-structure plan and infrastructure inventory prepared under subsection (a) and the final selection criteria specified in section 2913, in- cluding an evaluation of the accuracy and analyt- ical sufficiency of such plan, inventory, and cri- teria. ‘‘(B) The need for the closure or realignment of additional military installations. ‘‘(2) SUBMISSION.—The Comptroller General shall submit the evaluation to Congress not later than 60 days after the date on which the force-structure plan and infrastructure inventory are submitted to Con- gress. ‘‘(d) AUTHORIZATION OF ADDITIONAL ROUND; COMMIS- SION.— ‘‘(1) APPOINTMENT OF COMMISSION.—Subject to the certifications required under subsection (b), the President may commence an additional round for the selection of military installations for closure and re- alignment under this part in 2005 by transmitting to the Senate, not later than March 15, 2005, nomina- tions pursuant to section 2902(c) for the appointment of new members to the Defense Base Closure and Re- alignment Commission. ‘‘(2) EFFECT OF FAILURE TO NOMINATE.—If the Presi- dent does not transmit to the Senate the nomina- tions for the Commission by March 15, 2005, the proc- ess by which military installations may be selected for closure or realignment under this part in 2005 shall be terminated. ‘‘(3) MEMBERS.—Notwithstanding section 2902(c)(1), the Commission appointed under the authority of this subsection shall consist of nine members. ‘‘(4) TERMS; MEETINGS; TERMINATION.—Notwith- standing subsections (d), (e)(1), and (l) of section 2902, the Commission appointed under the authority of this subsection shall meet during calendar year 2005 and shall terminate on April 15, 2006. ‘‘(5) FUNDING.—If no funds are appropriated to the Commission by the end of the second session of the 108th Congress for the activities of the Commission in 2005, the Secretary may transfer to the Commission for purposes of its activities under this part in that year such funds as the Commission may require to carry out such activities. The Secretary may transfer funds under the preceding sentence from any funds available to the Secretary. Funds so transferred shall remain available to the Commission for such pur- poses until expended. ‘‘SEC. 2913. FINAL SELECTION CRITERIA FOR ADDI- TIONAL ROUND OF BASE CLOSURES AND RE- ALIGNMENTS. ‘‘(a) FINAL SELECTION CRITERIA.—The final criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005 shall be the military value and other criteria specified in sub- sections (b) and (c). ‘‘(b) MILITARY VALUE CRITERIA.—The military value criteria are as follows: ‘‘(1) The current and future mission capabilities and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, and readiness. ‘‘(2) The availability and condition of land, facili- ties, and associated airspace (including training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas and staging areas for the use of the Armed Forces in homeland defense missions) at both existing and po- tential receiving locations. ‘‘(3) The ability to accommodate contingency, mo- bilization, surge, and future total force requirements at both existing and potential receiving locations to support operations and training. ‘‘(4) The cost of operations and the manpower im- plications. ‘‘(c) OTHER CRITERIA.—The other criteria that the Secretary shall use in making recommendations for the closure or realignment of military installations inside the United States under this part in 2005 are as follows: ‘‘(1) The extent and timing of potential costs and savings, including the number of years, beginning with the date of completion of the closure or realign- ment, for the savings to exceed the costs. Page 2122 TITLE 10—ARMED FORCES § 2687 ‘‘(2) The economic impact on existing communities in the vicinity of military installations. ‘‘(3) The ability of the infrastructure of both the ex- isting and potential receiving communities to sup- port forces, missions, and personnel. ‘‘(4) The environmental impact, including the im- pact of costs related to potential environmental res- toration, waste management, and environmental compliance activities. ‘‘(d) PRIORITY GIVEN TO MILITARY VALUE.—The Sec- retary shall give priority consideration to the military value criteria specified in subsection (b) in the making of recommendations for the closure or realignment of military installations. ‘‘(e) EFFECT ON DEPARTMENT AND OTHER AGENCY COSTS.—The selection criteria relating to the cost sav- ings or return on investment from the proposed closure or realignment of military installations shall take into account the effect of the proposed closure or realign- ment on the costs of any other activity of the Depart- ment of Defense or any other Federal agency that may be required to assume responsibility for activities at the military installations. ‘‘(f) RELATION TO OTHER MATERIALS.—The final selec- tion criteria specified in this section shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in section 2912, in making recommendations for the closure or realign- ment of military installations inside the United States under this part in 2005. ‘‘(g) RELATION TO CRITERIA FOR EARLIER ROUNDS.— Section 2903(b), and the selection criteria prepared under such section, shall not apply with respect to the process of making recommendations for the closure or realignment of military installations in 2005. ‘‘SEC. 2914. SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS FOR REALIGNMENTS AND CLOSURES FOR 2005 ROUND; COMMISSION CON- SIDERATION OF RECOMMENDATIONS. ‘‘(a) RECOMMENDATIONS REGARDING CLOSURE OR RE- ALIGNMENT OF MILITARY INSTALLATIONS.—If the Sec- retary makes the certifications required under section 2912(b), the Secretary shall publish in the Federal Reg- ister and transmit to the congressional defense com- mittees and the Commission, not later than May 16, 2005, a list of the military installations inside the United States that the Secretary recommends for clo- sure or realignment on the basis of the force-structure plan and infrastructure inventory prepared by the Sec- retary under section 2912 and the final selection cri- teria specified in section 2913. ‘‘(b) PREPARATION OF RECOMMENDATIONS.— ‘‘(1) IN GENERAL.—The Secretary shall comply with paragraphs (2) through (6) of section 2903(c) in pre- paring and transmitting the recommendations under this section. However, paragraph (6) of section 2903(c) relating to submission of information to Congress shall be deemed to require such submission within 48 hours. ‘‘(2) CONSIDERATION OF LOCAL GOVERNMENT VIEWS.— (A) In making recommendations to the Commission in 2005, the Secretary shall consider any notice re- ceived from a local government in the vicinity of a military installation that the government would ap- prove of the closure or realignment of the installa- tion. ‘‘(B) Notwithstanding the requirement in subpara- graph (A), the Secretary shall make the recommenda- tions referred to in that subparagraph based on the force-structure plan, infrastructure inventory, and final selection criteria otherwise applicable to such recommendations. ‘‘(C) The recommendations shall include a state- ment of the result of the consideration of any notice described in subparagraph (A) that is received with respect to a military installation covered by such recommendations. The statement shall set forth the reasons for the result. ‘‘[(c) Repealed. Pub. L. 108–375, div. B, title XXVIII, § 2833, Oct. 28, 2004, 118 Stat. 2134.] ‘‘(d) COMMISSION REVIEW AND RECOMMENDATIONS.— ‘‘(1) IN GENERAL.—Except as provided in this sub- section, section 2903(d) shall apply to the consider- ation by the Commission of the recommendations transmitted by the Secretary in 2005. The Commis- sion’s report containing its findings and conclusions, based on a review and analysis of the Secretary’s rec- ommendations, shall be transmitted to the President not later than September 8, 2005. ‘‘(2) AVAILABILITY OF RECOMMENDATIONS TO CON- GRESS.—After September 8, 2005, the Commission shall promptly provide, upon request, to any Member of Congress information used by the Commission in making its recommendations. ‘‘(3) LIMITATIONS ON AUTHORITY TO CONSIDER ADDI- TIONS TO CLOSURE OR REALIGNMENT LISTS.—The Com- mission may not consider making a change in the recommendations of the Secretary that would add a military installation to the Secretary’s list of instal- lations recommended for closure or realignment un- less, in addition to the requirements of section 2903(d)(2)(C)— ‘‘(A) the Commission provides the Secretary with at least a 15-day period, before making the change, in which to submit an explanation of the reasons why the installation was not included on the clo- sure or realignment list by the Secretary; and ‘‘(B) the decision to add the installation for Com- mission consideration is supported by at least seven members of the Commission. ‘‘(4) TESTIMONY BY SECRETARY.—The Commission shall invite the Secretary to testify at a public hear- ing, or a closed hearing if classified information is in- volved, on any proposed change by the Commission to the Secretary’s recommendations. ‘‘(5) REQUIREMENTS TO EXPAND CLOSURE OR REALIGN- MENT RECOMMENDATIONS.—In the report required under section 2903(d)(2)(A) that is to be transmitted under paragraph (1), the Commission may not make a change in the recommendations of the Secretary that would close a military installation not rec- ommended for closure by the Secretary, would re- align a military installation not recommended for closure or realignment by the Secretary, or would ex- pand the extent of the realignment of a military in- stallation recommended for realignment by the Sec- retary unless— ‘‘(A) at least two members of the Commission visit the military installation before the date of the transmittal of the report; and ‘‘(B) the decision of the Commission to make the change to recommend the closure of the military installation, the realignment of the installation, or the expanded realignment of the installation is sup- ported by at least seven members of the Commis- sion. ‘‘(6) COMPTROLLER GENERAL REPORT.—The Comp- troller General report required by section 2903(d)(5)(B) analyzing the recommendations of the Secretary and the selection process in 2005 shall be transmitted to the congressional defense committees not later than July 1, 2005. ‘‘(e) REVIEW BY THE PRESIDENT.— ‘‘(1) IN GENERAL.—Except as provided in this sub- section, section 2903(e) shall apply to the review by the President of the recommendations of the Com- mission under this section, and the actions, if any, of the Commission in response to such review, in 2005. The President shall review the recommendations of the Secretary and the recommendations contained in the report of the Commission under subsection (d) and prepare a report, not later than September 23, 2005, containing the President’s approval or dis- approval of the Commission’s recommendations. ‘‘(2) COMMISSION RECONSIDERATION.—If the Commis- sion prepares a revised list of recommendations under section 2903(e)(3) in 2005 in response to the review of the President in that year under paragraph (1), the Commission shall transmit the revised list to the President not later than October 20, 2005. Page 2123 TITLE 10—ARMED FORCES § 2687 ‘‘(3) EFFECT OF FAILURE TO TRANSMIT.—If the Presi- dent does not transmit to Congress an approval and certification described in paragraph (2) or (4) of sec- tion 2903(e) by November 7, 2005, the process by which military installations may be selected for closure or realignment under this part in 2005 shall be termi- nated. ‘‘(4) EFFECT OF TRANSMITTAL.—A report of the President under this subsection containing the Presi- dent’s approval of the Commission’s recommenda- tions is deemed to be a report under section 2903(e) for purposes of sections 2904 and 2908.’’ [Pub. L. 117–263, div. B, § 2803(a), Dec. 23, 2022, 136 Stat. 2970, provided that: ‘‘Titles XXI through XXVII [of Pub. L. 117–263, 136 Stat. 2971–2989, amending section 2906 of Pub. L. 101–510, set out above, and otherwise not classi- fied to the Code] shall take effect on the later of— [‘‘(1) October 1, 2022; or [‘‘(2) the date of the enactment of this Act [Dec. 23, 2022].’’] [Another section 2803(a) of Pub. L. 117–263 amended section 2805 of this title. Section 2803(a) of Pub. L. 117–263, set out above, probably should be section 2003(a) of Pub. L. 117–263, as it followed section 2002.] [For effective date of amendments by section 2711(a), (c)(2), (3)(A) of Pub. L. 112–239 to sections 2906 to 2907 and 2910 of Pub. L. 101–510, set out above, see section 2711(d) of Pub. L. 112–239, set out as an Effective Date of 2013 Amendment note under section 2701 of this title.] [Pub. L. 110–417, div. B, title XXVII, § 2712(a)(2), Oct. 14, 2008, 122 Stat. 4716, provided that: ‘‘The amendments made by paragraph (1) [amending Pub. L. 110–181, § 2704(a), set out above] shall take effect on January 28, 2008, as if included in the enactment of section 2704 of the Military Construction Authorization Act for Fiscal Year 2008 [Pub. L. 110–181].’’] [Pub. L. 110–417, div. B, § 2003, Oct. 14, 2008, 122 Stat. 4658, provided that: ‘‘Titles XXI, XXII, XXIII, XXIV, XXV, XXVI [122 Stat. 4658, 4669, 4675, 4687, 4698], XXVII [enacting Pub. L. 110–417, § 2712(a)(2), set out above, and amending Pub. L. 110–510, div. B, title XXIX, part A, and Pub. L. 110–181, § 2704, which amended Pub. L. 110–510, div. B, title XXIX, part A, set out above], and XXIX [122 Stat. 4741] shall take effect on the later of— [‘‘(1) October 1, 2008; or [‘‘(2) the date of the enactment of this Act [Oct. 14, 2008].’’] [Pub. L. 107–314, div. A, title X, § 1062(f), Dec. 2, 2002, 116 Stat. 2651, provided that the amendment made by section 1062(f)(4) is effective as of Dec. 28, 2001, and as if included in Pub. L. 107–107 as enacted.] [For effective date of amendment by section 2813(d)(2) of Pub. L. 103–337 to section 2910 of Pub. L. 101–510, set out above, see Effective Date of 1994 Amendments by Section 2813(d)(1) and (2) of Pub. L. 103–337 note set out above.] [Pub. L. 103–160, div. B, title XXIX, § 2902(c), Nov. 30, 1993, 107 Stat. 1912, provided that: ‘‘For the purposes of section 2905(b)(3) of the Defense Base Closure and Re- alignment Act of 1990 [Pub. L. 101–510, set out above], as added by subsection (b), the date of approval of clo- sure of any installation approved for closure before the date of the enactment of this Act [Nov. 30, 1993] shall be deemed to be the date of the enactment of this Act.’’] [Pub. L. 103–160, div. B, title XXIX, § 2904(c), Nov. 30, 1993, 107 Stat. 1916, provided that: ‘‘The Secretary of Defense shall make the determinations required under section 2905(b)(5) of the Defense Base Closure and Re- alignment Act of 1990 [Pub. L. 101–510, set out above], as added by subsection (b), in the case of installations approved for closure under such Act [part A of title XXIX of div. B of Pub. L. 101–510, set out above] before the date of the enactment of this Act [Nov. 30, 1993], not later than 6 months after the date of the enactment of this Act.’’] [Pub. L. 103–160, div. B, title XXIX, § 2930(b), Nov. 30, 1993, 107 Stat. 1935, provided that: ‘‘The amendment made by this section [amending section 2903(d)(1) of Pub. L. 101–510 set out above] shall apply with respect to all public hearings conducted by the Defense Base Closure and Realignment Commission after the date of the enactment of this Act [Nov. 30, 1993].’’] [For effective date of amendments by section 344(b)(1) of Pub. L. 102–190 to section 2906 of Pub. L. 101–510, set out above, see Effective Date of 1991 Amendments by Section 344 of Pub. L. 102–190 note set out above.] [Pub. L. 102–190, div. B, title XXVIII, § 2821(h)(2), Dec. 5, 1991, 105 Stat. 1546, provided that: ‘‘The amendment made by paragraph (1) [amending section 2910 of Pub. L. 101–510 set out above] shall take effect as of November 5, 1990, and shall apply as if it had been included in sec- tion 2910(4) of the Defense Base Closure and Realign- ment Act of 1990 [section 2910 of Pub. L. 101–510] on that date.’’] [Pub. L. 102–190, div. B, title XXVIII, § 2827(a)(3), Dec. 5, 1991, 105 Stat. 1551, provided that: ‘‘The amendments made by this subsection [amending sections 2905 and 2906 of Pub. L. 101–510 set out above] shall take effect on the date of the enactment of this Act [Dec. 5, 1991].’’] [References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.] CLOSURE OF FOREIGN MILITARY INSTALLATIONS Pub. L. 108–287, title VIII, § 8018, Aug. 5, 2004, 118 Stat. 974, provided that: ‘‘Notwithstanding any other provi- sion of law, during the current fiscal year and here- after, the Secretary of Defense may, by executive agreement, establish with host nation governments in NATO member states a separate account into which such residual value amounts negotiated in the return of United States military installations in NATO member states may be deposited, in the currency of the host na- tion, in lieu of direct monetary transfers to the United States Treasury: Provided, That such credits may be utilized only for the construction of facilities to sup- port United States military forces in that host nation, or such real property maintenance and base operating costs that are currently executed through monetary transfers to such host nations: Provided further, That the Department of Defense’s budget submission for sub- sequent fiscal years shall identify such sums antici- pated in residual value settlements, and identify such construction, real property maintenance or base oper- ating costs that shall be funded by the host nation through such credits: Provided further, That all military construction projects to be executed from such ac- counts must be previously approved in a prior Act of Congress: Provided further, That each such executive agreement with a NATO member host nation shall be reported to the congressional defense committees [Committees on Armed Services of the Senate and House of Representatives and Subcommittees on De- fense of the Committees on Appropriations of the Sen- ate and House of Representatives], the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Com- mittee on Foreign Relations of the Senate 30 days prior to the conclusion and endorsement of any such agree- ment established under this provision.’’ Similar provisions for specified fiscal years were con- tained in the following appropriation acts: Pub. L. 108–87, title VIII, § 8018, Sept. 30, 2003, 117 Stat. 1075. Pub. L. 107–248, title VIII, § 8018, Oct. 23, 2002, 116 Stat. 1540. Pub. L. 107–117, div. A, title VIII, § 8019, Jan. 10, 2002, 115 Stat. 2251. Pub. L. 106–259, title VIII, § 8019, Aug. 9, 2000, 114 Stat. 678. Pub. L. 106–79, title VIII, § 8019, Oct. 25, 1999, 113 Stat. 1235. Pub. L. 105–262, title VIII, § 8019, Oct. 17, 1998, 112 Stat. 2301. Page 2124 TITLE 10—ARMED FORCES § 2687 Pub. L. 105–56, title VIII, § 8019, Oct. 8, 1997, 111 Stat. 1224. Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8020], Sept. 30, 1996, 110 Stat. 3009–71, 3009–92. Pub. L. 104–61, title VIII, § 8027, Dec. 1, 1995, 109 Stat. 657. Pub. L. 103–335, title VIII, § 8033, Sept. 30, 1994, 108 Stat. 2625. Pub. L. 103–139, title VIII, § 8036, Nov. 11, 1993, 107 Stat. 1448. Pub. L. 102–396, title IX, § 9047A, Oct. 6, 1992, 106 Stat. 1913, as amended by Pub. L. 104–106, div. A, title XV, § 1502(f)(2), Feb. 10, 1996, 110 Stat. 509. Pub. L. 101–510, div. B, title XXIX, § 2921, Nov. 5, 1990, 104 Stat. 1819, as amended by Pub. L. 102–190, div. A, title III, § 344(b)(2), Dec. 5, 1991, 105 Stat. 1345; Pub. L. 102–484, div. B, title XXVIII, §§ 2821(c), 2827, Oct. 23, 1992, 106 Stat. 2608, 2609; Pub. L. 103–160, div. B, title XXIX, § 2924(b), Nov. 30, 1993, 107 Stat. 1931; Pub. L. 103–337, div. A, title XIII, § 1305(c), div. B, title XXVIII, § 2817, Oct. 5, 1994, 108 Stat. 2891, 3057; Pub. L. 104–106, div. A, title X, § 1063(b), title XV, §§ 1502(c)(4)(D), 1505(e)(2), Feb. 10, 1996, 110 Stat. 444, 508, 515; Pub. L. 105–85, div. A, title X, § 1073(d)(4)(C), Nov. 18, 1997, 111 Stat. 1905; Pub. L. 106–65, div. A, title X, § 1067(10), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1031(b), Nov. 24, 2003, 117 Stat. 1603; Pub. L. 113–66, div. B, title XXVIII, § 2807(b)(1), Dec. 26, 2013, 127 Stat. 1011, set forth the sense of Congress that military operations at military installations outside the United States be terminated at the earliest opportunity and that the Secretary of Defense should take steps to ensure that the United States receives fair market value consideration for the improvements made by the United States at facilities that will be released to host countries. TASK FORCE REPORT Pub. L. 102–380, § 125, Oct. 5, 1992, 106 Stat. 1372, recon- vened the environmental response task force estab- lished in section 2923(c) of the National Defense Au- thorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1821; formerly set out below) and di- rected the task force, until all military base closure and realignment activities were completed, to monitor the progress of relevant Federal and State agencies in implementing the recommendations of the task force contained in the report submitted under such section and to annually submit to Congress a report containing recommendations concerning ways to expedite and im- prove environmental response actions at military in- stallations and a summary of the progress made by rel- evant Federal and State agencies in implementing the recommendations of the task force. Pub. L. 101–510, div. B, title XXIX, § 2923(c), Nov. 5, 1990, 104 Stat. 1821, established an environmental re- sponse task force and directed the Secretary of Defense to submit to Congress, not later than 12 months after Nov. 5, 1990, a report containing the findings and rec- ommendations of the task force concerning ways to im- prove interagency coordination and streamline proce- dures with respect to environmental response actions at closed or realigned military installations. COMMUNITY PREFERENCE CONSIDERATION IN CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS Pub. L. 101–510, div. B, title XXIX, § 2924, Nov. 5, 1990, 104 Stat. 1822, provided that: ‘‘In any process of select- ing any military installation inside the United States for closure or realignment, the Secretary of Defense shall take such steps as are necessary to assure that special consideration and emphasis is given to any offi- cial statement from a unit of general local government adjacent to or within a military installation requesting the closure or realignment of such installation.’’ CONTRACTS FOR CERTAIN ENVIRONMENTAL RESTORATION ACTIVITIES Pub. L. 101–510, div. B, title XXIX, § 2926, Nov. 5, 1990, 104 Stat. 1822, as amended by Pub. L. 103–160, div. A, title IX, § 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106–65, div. A, title IX, § 911(a)(1), Oct. 5, 1999, 113 Stat. 717; Pub. L. 107–314, div. A, title X, § 1062(m)(4), Dec. 2, 2002, 116 Stat. 2652, provided for a model program for base closure environmental restoration, prior to repeal by Pub. L. 108–136, div. A, title III, § 316, Nov. 24, 2003, 117 Stat. 1432. CONSIDERATION OF DEPARTMENT OF DEFENSE HOUSING FOR COAST GUARD Pub. L. 101–225, title II, § 216, Dec. 12, 1989, 103 Stat. 1915, deemed the Coast Guard to be an instrumentality within the Department of Defense for certain purposes related to housing under section 204(b) of Pub. L. 100–526 (set out below). FIVE-YEAR PLAN FOR ENVIRONMENTAL RESTORATION AT BASES TO BE CLOSED Pub. L. 101–189, div. A, title III, § 353, Nov. 29, 1989, 103 Stat. 1423, directed Secretary of Defense to develop a comprehensive five-year plan for environmental res- toration at military installations that would be closed or realigned during fiscal years 1991 through 1995, pur- suant to title II of the Defense Authorization Amend- ments and Base Closure and Realignment Act, Pub. L. 100–526, set out below, and, at same time President sub- mits to Congress budget for fiscal year 1991 pursuant to 31 U.S.C. 1105, to submit to Congress a report on the five-year plan. PROHIBITION ON REDUCING END STRENGTH LEVELS FOR MEDICAL PERSONNEL AS A RESULT OF BASE CLO- SURES AND REALIGNMENTS Pub. L. 101–189, div. A, title VII, § 723, Nov. 29, 1989, 103 Stat. 1478, provided that: ‘‘(a) PROHIBITION.—The end strength levels for med- ical personnel for each component of the Armed Forces, and the number of civilian personnel of the Department of Defense assigned to military medical facilities, may not be reduced as a result of the closure or realignment of a military installation under section 2687 of title 10, United States Code, or title II of the Defense Author- ization Amendments and Base Closure and Realign- ment Act (Public Law 100–526; 10 U.S.C. 2687 note). ‘‘(b) MEDICAL PERSONNEL DEFINED.—For purposes of subsection (a), the term ‘medical personnel’ has the meaning given that term in subparagraph (D) of section 115(b)(1) of title 10, United States Code.’’ USE OF CLOSED BASES FOR PRISONS AND DRUG TREATMENT FACILITIES Pub. L. 101–189, div. B, title XXVIII, § 2832, Nov. 29, 1989, 103 Stat. 1660, set forth the sense of Congress that certain real property of the Department of Defense ren- dered excess or surplus as a result of the recommenda- tions of the Commission on Base Realignment and Clo- sure be made available to another Federal agency or a State or local government for use as a penal or correc- tional facility or as a drug abuse prevention, treat- ment, or rehabilitation center. NOTICE TO LOCAL AND STATE EDUCATIONAL AGENCIES OF ENROLLMENT CHANGES DUE TO BASE CLOSURES AND REALIGNMENTS Pub. L. 101–189, div. B, title XXVIII, § 2833, Nov. 29, 1989, 103 Stat. 1661, directed the Secretary of Defense to identify each local educational agency that will experi- ence a significant increase or decrease in the number of children in its jurisdiction during the next academic year as a result of the closure or realignment of a mili- tary installation under the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 102 Stat. 2627; set out below) by not later than January 1 of that year and to provide notice to that local educational agency and to the relevent State government education agency of such identifica- tion. Page 2125 TITLE 10—ARMED FORCES § 2687 CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS Pub. L. 100–526, title II, Oct. 24, 1988, 102 Stat. 2627, as amended by Pub. L. 101–510, div. B, title XXIX, § 2923(b)(1), Nov. 5, 1990, 104 Stat. 1821; Pub. L. 102–190, div. A, title III, § 344(a), Dec. 5, 1991, 105 Stat. 1344; Pub. L. 102–484, div. B, title XXVIII, § 2821(a), Oct. 23, 1992, 106 Stat. 2606; Pub. L. 103–160, div. B, title XXIX, §§ 2902(a), 2903(a), 2904(a), 2905(a), 2907(a), 2908(a), 2918(b), 2921(a), Nov. 30, 1993, 107 Stat. 1909, 1912, 1915, 1916, 1921, 1922, 1928, 1929; Pub. L. 103–337, div. A, title X, § 1070(b)(13), div. B, title XXVIII, §§ 2812(a), 2813(a)–(c)(1), (d)(1), (e)(1), Oct. 5, 1994, 108 Stat. 2857, 3054, 3055; Pub. L. 103–421, § 2(f)(1), Oct. 25, 1994, 108 Stat. 4354; Pub. L. 104–106, div. A, title XV, §§ 1504(a)(9), 1505(e)(3), div. B, title XXVIII, §§ 2831(b)(1), 2839(a), 2840(a), Feb. 10, 1996, 110 Stat. 513, 515, 558, 563, 564; Pub. L. 104–201, div. B, title XXVIII, §§ 2811, 2812(a), 2813(a), Sept. 23, 1996, 110 Stat. 2788, 2789; Pub. L. 105–85, div. A, title X, § 1073(d)(6), div. B, title XXVIII, § 2821(a), Nov. 18, 1997, 111 Stat. 1906, 1996; Pub. L. 106–65, div. B, title XXVIII, § 2821(b), Oct. 5, 1999, 113 Stat. 855; Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2821(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–419; Pub. L. 107–107, div. A, title X, § 1048(d)(3), div. B, title XXVIII, § 2821(a), Dec. 28, 2001, 115 Stat. 1227, 1311; Pub. L. 107–314, div. A, title X, § 1062(n), div. B, title XXVIII, § 2814(a), Dec. 2, 2002, 116 Stat. 2652, 2710; Pub. L. 108–136, div. A, title VI, § 655(a), div. B, title XXVIII, § 2805(d)(1), Nov. 24, 2003, 117 Stat. 1523, 1721; Pub. L. 112–239, div. B, title XXVII, § 2711(c)(1), (3)(B), Jan. 2, 2013, 126 Stat. 2143, provided that: ‘‘SEC. 201. CLOSURE AND REALIGNMENT OF MILI- TARY 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 Sec- retary pursuant to the charter establishing such Commission; ‘‘(2) realign all military installations recommended for realignment 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 realignment of a military installation under this title unless— ‘‘(1) no later than January 16, 1989, the Secretary transmits to the Committees on Armed Services of the Senate and the House of Representatives a report containing a statement that the Secretary has ap- proved, and the Department of Defense will imple- ment, all of the military installation closures and re- alignments recommended by the Commission in the report referred to in section 201(1); ‘‘(2) the Commission has recommended, in the re- port referred to in section 201(1), the closure or re- alignment, 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 re- quired by section 203(b)(2); and ‘‘(3) the Secretary of Defense has transmitted to the Commission 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 accordance with the pro- visions of section 208, disapproving the recommenda- tions of the Commission. The days on which either House of Congress is not in session because of an ad- journment of more than 3 days to a day certain shall be excluded in the computation of such 45-day period. ‘‘(c) TERMINATION OF AUTHORITY.—(1) Except as pro- vided in paragraph (2), the authority of the Secretary to carry out any closure or realignment under this title shall terminate on October 1, 1995. ‘‘(2) The termination of authority set forth in para- graph (1) shall not apply to the authority of the Sec- retary to carry out environmental restoration and waste management at, or disposal of property of, mili- tary installations closed or realigned under this title. ‘‘SEC. 203. THE COMMISSION ‘‘(a) MEMBERSHIP.—The Commission shall consist of 12 members appointed by the Secretary of Defense. ‘‘(b) DUTIES.—The Commission shall— ‘‘(1) transmit the report referred to in section 201(1) to the Secretary no later than December 31, 1988, and shall include in such report a description of the Com- mission’s recommendations of the military installa- tions to which functions will be transferred as a re- sult of the closures and realignments recommended by the Commission; and ‘‘(2) on the same date on which the Commission transmits such report to the Secretary, transmit to Committees on Armed Services of 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 realigned by reviewing all military instal- lations inside the United States, including all mili- tary installations under construction and all those planned for construction. ‘‘(c) STAFF.—Not more than one-half of the profes- sional staff of the Commission shall be individuals who have been employed by the Department of Defense dur- ing calendar year 1988 in any capacity other than as an employee of the Commission. ‘‘SEC. 204. IMPLEMENTATION ‘‘(a) IN GENERAL.—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 design, minor construction, or operation and maintenance and the availability of funds in the Account, may carry out actions nec- essary to implement such closure or realignment, in- cluding the acquisition of such land, the construction of such replacement facilities, the performance of such activities, and the conduct of such advance plan- ning and design as may be required to transfer func- tions from such military installation to another mili- tary installation; ‘‘(2) subject to the availability of funds authorized for and appropriated to the Department of Defense for economic adjustment assistance or community planning assistance and the availability of funds in the Account, shall provide— ‘‘(A) economic adjustment assistance to any com- munity located near a military installation being closed or realigned; and ‘‘(B) community planning assistance to any com- munity located near a military installation to which functions will be transferred as a result of such closure or realignment, if the Secretary determines that the financial re- sources available to the community (by grant or oth- erwise) 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 restoration, including re- ducing, removing, and recycling hazardous wastes and removing unsafe buildings and debris. ‘‘(b) MANAGEMENT AND DISPOSAL OF PROPERTY.—(1) The Administrator of General Services shall delegate to the Secretary, with respect to excess and surplus real property, facilities, and personal property located at a military installation closed or realigned under this title— Page 2126 TITLE 10—ARMED FORCES § 2687 ‘‘(A) the authority of the Administrator to utilize excess property under subchapter II of chapter 5 of title 40, United States Code; ‘‘(B) the authority of the Administrator to dispose of surplus property under subchapter III of chapter 5 of title 40, United States Code; and ‘‘(C) the authority to dispose of surplus property for public airports under sections 47151 through 47153 of title 49, United States Code. ‘‘(2)(A) Subject to subparagraph (B), the Secretary shall exercise authority delegated to the Secretary pur- suant to paragraph (1) in accordance with— ‘‘(i) all regulations in effect on the date of the en- actment of this title [Oct. 24, 1988] governing utiliza- tion of excess property and disposal of surplus prop- erty under the Federal Property and Administrative Services Act of 1949 [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of Title 41, Public Contracts]; and ‘‘(ii) all regulations in effect on the date of the en- actment of this title governing the conveyance and disposal of property under section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)). ‘‘(B) The Secretary, after consulting with the Admin- istrator of General Services, may issue regulations that are necessary to carry out the delegation of authority required by paragraph (1). ‘‘(C) The authority required to be delegated by para- graph (1) to the Secretary by the Administrator of Gen- eral Services shall not include the authority to pre- scribe general policies and methods for utilizing excess property and disposing of surplus property. ‘‘(D) The Secretary of Defense may transfer real prop- erty or facilities located at a military installation to be closed or realigned under this title, with or without reimbursement, to a military department or other enti- ty (including a nonappropriated fund instrumentality) within the Department of Defense or the Coast Guard. ‘‘(E) Before any action may be taken with respect to the disposal of any surplus real property or facility lo- cated at any military installation to be closed or re- aligned 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 consid- ering any plan for the use of such property by the local community concerned. ‘‘(F) The provisions of this paragraph and paragraph (1) are subject to paragraphs (3) through (6). ‘‘(3)(A) Not later than 6 months after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994 [Nov. 30, 1993], the Secretary, in consultation with the redevelopment authority with re- spect to each military installation to be closed under this title after such date of enactment, shall— ‘‘(i) inventory the personal property located at the installation; and ‘‘(ii) identify the items (or categories of items) of such personal property that the Secretary determines to be related to real property and anticipates will support the implementation of the redevelopment plan with respect to the installation. ‘‘(B) If no redevelopment authority referred to in sub- paragraph (A) exists with respect to an installation, the Secretary shall consult with— ‘‘(i) the local government in whose jurisdiction the installation is wholly located; or ‘‘(ii) a local government agency or State govern- ment agency designated for the purpose of such con- sultation by the chief executive officer of the State in which the installation is located. ‘‘(C)(i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out any of the activi- ties referred to in clause (ii) with respect to an instal- lation referred to in that clause until the earlier of— ‘‘(I) one week after the date on which the redevelop- ment plan for the installation is submitted to the Secretary; ‘‘(II) the date on which the redevelopment author- ity notifies the Secretary that it will not submit such a plan; ‘‘(III) twenty-four months after the date referred to in subparagraph (A); or ‘‘(IV) ninety days before the date of the closure of the installation. ‘‘(ii) The activities referred to in clause (i) are activi- ties relating to the closure of an installation to be closed under this title as follows: ‘‘(I) The transfer from the installation of items of personal property at the installation identified in ac- cordance with subparagraph (A). ‘‘(II) The reduction in maintenance and repair of fa- cilities or equipment located at the installation below the minimum levels required to support the use of such facilities or equipment for nonmilitary pur- poses. ‘‘(D) Except as provided in paragraph (4), the Sec- retary may not transfer items of personal property lo- cated at an installation to be closed under this title to another installation, or dispose of such items, if such items are identified in the redevelopment plan for the installation as items essential to the reuse or redevel- opment of the installation. In connection with the de- velopment of the redevelopment plan for the installa- tion, the Secretary shall consult with the entity re- sponsible for developing the redevelopment plan to identify the items of personal property located at the installation, if any, that the entity desires to be re- tained at the installation for reuse or redevelopment of the installation. ‘‘(E) This paragraph shall not apply to any related personal property located at an installation to be closed under this title if the property— ‘‘(i) is required for the operation of a unit, function, component, weapon, or weapons system at another installation; ‘‘(ii) is uniquely military in character, and is likely to have no civilian use (other than use for its mate- rial content or as a source of commonly used compo- nents); ‘‘(iii) is not required for the reutilization or rede- velopment of the installation (as jointly determined by the Secretary and the redevelopment authority); ‘‘(iv) is stored at the installation for purposes of distribution (including spare parts or stock items); or ‘‘(v)(I) meets known requirements of an authorized program of another Federal department or agency for which expenditures for similar property would be necessary, and (II) is the subject of a written request by the head of the department or agency. ‘‘(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity referred to in subparagraph (C)(ii) or (D) if the Secretary determines that the carrying out of such activity is in the national security interest of the United States. ‘‘(4)(A) The Secretary may transfer real property and personal property located at a military installation to be closed or realigned under this title to the redevelop- ment authority with respect to the installation for pur- poses of job generation on the installation. ‘‘(B) The transfer of property of a military installa- tion under subparagraph (A) shall be without consider- ation if the redevelopment authority with respect to the installation— ‘‘(i) agrees that the proceeds from any sale or lease of the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the date of the initial transfer of property under subparagraph (A) shall be used to sup- port the economic redevelopment of, or related to, the installation; and ‘‘(ii) executes the agreement for transfer of the property and accepts control of the property within a reasonable time after the date of the property dis- posal record of decision or finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(C) For purposes of subparagraph (B), the use of pro- ceeds from a sale or lease described in such subpara- graph to pay for, or offset the costs of, public invest- ment on or related to the installation for any of the Page 2127 TITLE 10—ARMED FORCES § 2687 following purposes shall be considered a use to support the economic redevelopment of, or related to, the in- stallation: ‘‘(i) Road construction. ‘‘(ii) Transportation management facilities. ‘‘(iii) Storm and sanitary sewer construction. ‘‘(iv) Police and fire protection facilities and other public facilities. ‘‘(v) Utility construction. ‘‘(vi) Building rehabilitation. ‘‘(vii) Historic property preservation. ‘‘(viii) Pollution prevention equipment or facilities. ‘‘(ix) Demolition. ‘‘(x) Disposal of hazardous materials generated by demolition. ‘‘(xi) Landscaping, grading, and other site or public improvements. ‘‘(xii) Planning for or the marketing of the develop- ment and reuse of the installation. ‘‘(D) The Secretary may recoup from a redevelopment authority such portion of the proceeds from a sale or lease described in subparagraph (B) as the Secretary determines appropriate if the redevelopment authority does not use the proceeds to support economic redevel- opment of, or related to, the installation for the period specified in subparagraph (B). ‘‘(E)(i) The Secretary may transfer real property at an installation approved for closure or realignment under this title (including property at an installation approved for realignment which will be retained by the Department of Defense or another Federal agency after realignment) to the redevelopment authority for the installation if the redevelopment authority agrees to lease, directly upon transfer, one or more portions of the property transferred under this subparagraph to the Secretary or to the head of another department or agency of the Federal Government. Subparagraph (B) shall apply to a transfer under this subparagraph. ‘‘(ii) A lease under clause (i) shall be for a term of not to exceed 50 years, but may provide for options for re- newal or extension of the term by the department or agency concerned. ‘‘(iii) A lease under clause (i) may not require rental payments by the United States. ‘‘(iv) A lease under clause (i) shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may be satisfied by the same or an- other department or agency of the Federal Government using the property for a use similar to the use under the lease. Exercise of the authority provided by this clause shall be made in consultation with the redevel- opment authority concerned. ‘‘(v) Notwithstanding clause (iii), if a lease under clause (i) involves a substantial portion of the installa- tion, the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authority’s assignee as a provision of the lease. The facility services and common area maintenance shall be provided at a rate no higher than the rate charged to non-Federal tenants of the trans- ferred property. Facility services and common area maintenance covered by the lease shall not include— ‘‘(I) municipal services that a State or local govern- ment is required by law to provide to all landowners in its jurisdiction without direct charge; or ‘‘(II) firefighting or security-guard functions. ‘‘(F) The transfer of personal property under subpara- graph (A) shall not be subject to the provisions of sub- chapters II and III of chapter 5 of title 40, United States Code, if the Secretary determines that the transfer of such property is necessary for the effective implemen- tation of a redevelopment plan with respect to the in- stallation at which such property is located. ‘‘(G) The provisions of section 120(h) of the Com- prehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real property under this paragraph. ‘‘(H)(i) In the case of an agreement for the transfer of property of a military installation under this para- graph that was entered into before April 21, 1999, the Secretary may modify the agreement, and in so doing compromise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States, if— ‘‘(I) the Secretary determines that as a result of changed economic circumstances, a modification of the agreement is necessary; ‘‘(II) the terms of the modification do not require the return of any payments that have been made to the Secretary; ‘‘(III) the terms of the modification do not com- promise, waive, adjust, release, or reduce any right, title, claim, lien, or demand of the United States with respect to in-kind consideration; and ‘‘(IV) the cash consideration to which the United States is entitled under the modified agreement, when combined with the cash consideration to be re- ceived by the United States for the disposal of other real property assets on the installation, are as suffi- cient as they were under the original agreement to fund the reserve account established under paragraph (7)(C), with the depreciated value of the investment made with commissary store funds or non- appropriated funds in property disposed of pursuant to the agreement being modified, in accordance with [former] section 2906(d) of the Defense Base Closure and Realignment Act of 1990 [Pub. L. 101–510, 10 U.S.C. 2687 note]. ‘‘(ii) When exercising the authority granted by clause (i), the Secretary may waive some or all future pay- ments if, and to the extent that, the Secretary deter- mines such waiver is necessary. ‘‘(iii) With the exception of the requirement that the transfer be without consideration, the requirements of subparagraphs (B), (C), and (D) shall be applicable to any agreement modified pursuant to clause (i). ‘‘(I) In the case of an agreement for the transfer of property of a military installation under this para- graph that was entered into during the period begin- ning on April 21, 1999, and ending on the date of enact- ment of the National Defense Authorization Act for Fiscal Year 2000 [Oct. 5, 1999], at the request of the re- development authority concerned, the Secretary shall modify the agreement to conform to all the require- ments of subparagraphs (B), (C), and (D). Such a modi- fication may include the compromise, waiver, adjust- ment, release, or reduction of any right, title, claim, lien, or demand of the United States under the agree- ment. ‘‘(J) The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States. ‘‘(5)(A) Except as provided in subparagraphs (B) and (C), the Secretary shall take such actions as the Sec- retary determines necessary to ensure that final deter- minations under paragraph (1) regarding whether an- other department or agency of the Federal Government has identified a use for any portion of a military instal- lation to be closed under this title after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994 [Nov. 30, 1993], or will accept trans- fer of any portion of such installation, are made not later than 6 months after such date of enactment. ‘‘(B) The Secretary may, in consultation with the re- development 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)(i) Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation closed Page 2128 TITLE 10—ARMED FORCES § 2687 or realigned or to be closed or realigned under this title as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall obtain the concurrence of the redevelopment authority with respect to the in- stallation and comply with the redevelopment plan for the installation. ‘‘(ii) Not later than 30 days after acquiring non-Fed- eral real property as the location for a new or replace- ment Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a re- port containing the results of the consultation under clause (i) and the reasons why military installations re- ferred to in such clause that are located within the area to be served by the new or replacement Federal fa- cility or within a 200-mile radius of the new or replace- ment facility, whichever area is greater, were consid- ered to be unsuitable or unavailable for the site of the new or replacement facility. ‘‘(iii) This subparagraph shall apply during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998 [Nov. 18, 1997] and ending on July 31, 2001. ‘‘(6)(A) Except as provided in this paragraph, nothing in this section shall limit or otherwise affect the appli- cation of the provisions of the McKinney-Vento Home- less 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 Sec- retary of Defense completes the determination under paragraph (5) of the transferability of any portion of an installation to be closed under this title, the Secretary shall— ‘‘(I) complete any determinations or surveys nec- essary 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 Development 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 installa- tion referred to in that clause for which no use is iden- tified, or of which no Federal department or agency will accept transfer, pursuant to the determination of transferability referred to in that clause. ‘‘(C) Not later than 60 days after the date on which the Secretary 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 build- ings and property that are so identified; ‘‘(iii) publish in the Federal Register a list of the buildings and property that are so identified, includ- ing with respect to each building or property the in- formation referred to in section 501(c)(1)(B) of such Act [42 U.S.C. 11411(c)(1)(B)]; 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 sec- tion 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 accordance 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 build- ings or property to assist the homeless is received by the Secretary of Health and Human Services in ac- cordance 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 Sec- retary 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 accordance 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 author- ity may express in writing an interest in using build- ings and property referred to in subparagraph (D), and buildings and property referred to in subparagraph (B)(ii) which have not been identified as suitable for use to assist the homeless under subparagraph (C), 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 fol- lows: ‘‘(I) If no written notice of an intent to use such buildings or property to assist the homeless is re- ceived by the Secretary of Health and Human Serv- ices 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 sub- paragraph (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 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 author- ity to express in writing 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 begin- ning 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 begin- ning 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 begin- ning on the date of the rejection of the application referred to in that clause. ‘‘(iii) A redevelopment authority shall express an in- terest 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 redevel- opment authority under subparagraph (F) shall not be available for use to assist the homeless under section 501 of such Act [42 U.S.C. 11411] 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 com- mence the use of buildings or property, under subpara- graph (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. ‘‘(7)(A) Except as provided in subparagraph (B) or (C), all proceeds— ‘‘(i) from any transfer under paragraphs (3) through (6); 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. ‘‘(B) In any case in which the General Services Ad- ministration is involved in the management or disposal of such property or facility, the Secretary shall reim- burse the Administrator of General Services from the Page 2129 TITLE 10—ARMED FORCES § 2687 proceeds of such disposal, in accordance with section 1535 of title 31, United States Code, for any expenses in- curred in such activities. ‘‘(C)(i) If any real property or facility acquired, con- structed, or improved (in whole or in part) with com- missary store funds or nonappropriated funds is trans- ferred or disposed of in connection with the closure or realignment of a military installation under this title, a portion of the proceeds of the transfer or other dis- posal of property on that installation shall be deposited in a reserve account established in the Treasury to be administered by the Secretary. Subject to the limita- tion in clause (iii), amounts in the reserve account are hereby made available to the Secretary, without appro- priation and until expended, for the purpose of acquir- ing, constructing, and improving— ‘‘(I) commissary stores; and ‘‘(II) real property and facilities for non- appropriated fund instrumentalities. ‘‘(ii) The amount deposited under clause (i) shall be equal to the depreciated value of the investment made with such funds in the acquisition, construction, or im- provement of that particular real property or facility. The depreciated value of the investment shall be com- puted in accordance with regulations prescribed by the Secretary of Defense. ‘‘(iii) The aggregate amount obligated from the re- serve account established under clause (i) may not ex- ceed the following: ‘‘(I) In fiscal year 2004, $31,000,000. ‘‘(II) In fiscal year 2005, $24,000,000. ‘‘(III) In fiscal year 2006, $15,000,000. ‘‘(iv) As used in this subparagraph: ‘‘(I) The term ‘commissary store funds’ means funds received from the adjustment of, or surcharge on, selling prices at commissary stores fixed under sec- tion 2685 of title 10, United States Code. ‘‘(II) The term ‘nonappropriated funds’ means funds received from a nonappropriated fund instrumen- tality. ‘‘(III) The term ‘nonappropriated fund instrumen- tality’ means an instrumentality of the United States under the jurisdiction of the Armed Forces (including the Army and Air Force Exchange Service, the Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the comfort, pleasure, contentment, or physical or men- tal improvement of members of the Armed Forces. ‘‘(8)(A) Subject to subparagraph (C), the Secretary may enter into agreements (including contracts, coop- erative agreements, or other arrangements for reim- bursement) with local governments for the provision of police or security services, fire protection services, air- field operation services, or other community services by such governments at military installations to be closed under this title, or at facilities not yet trans- ferred or otherwise disposed of in the case of installa- tions closed under this title, if the Secretary deter- mines that the provision of such services under such agreements is in the best interests of the Department of Defense. ‘‘(B) The Secretary may exercise the authority pro- vided under this paragraph without regard to the provi- sions of chapter 146 of title 10, United States Code. ‘‘(C) The Secretary may not exercise the authority under subparagraph (A) with respect to an installation earlier than 180 days before the date on which the in- stallation is to be closed. ‘‘(D) The Secretary shall include in a contract for services entered into with a local government under this paragraph a clause that requires the use of profes- sionals to furnish the services to the extent that pro- fessionals are available in the area under the jurisdic- tion of such government. ‘‘(c) APPLICABILITY OF OTHER LAW.—(1) The provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to— ‘‘(A) the actions of the Commission, including se- lecting the military installations which the Commis- sion 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 Commission, 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 trans- mitting the report to the Committees referred to in section 202(a)(1). ‘‘(2) The provisions of the National Environmental Policy Act of 1969 shall apply to the actions of the Sec- retary (A) during the process of the closing or realign- ing of a military installation after such military in- stallation has been selected for closure or realignment but before the installation is closed or realigned and the functions relocated, and (B) during the process of the relocating of functions from a military installation being closed or realigned to another military installa- tion 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 realigning a military in- stallation which has been selected for closure or re- alignment by the Commission; ‘‘(ii) the need for transferring functions to another military installation which has been selected as the receiving installation; or ‘‘(iii) alternative military installations to those se- lected. ‘‘(3) A civil action for judicial review, with respect to any requirement of the National Environmental 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, re- aligning, or relocating referred to in clauses (A) and (B) of paragraph (2), or of any action or failure to act by the Commission under this title, may not be brought later than the 60th day after the date of such action or failure to act. ‘‘(d) TRANSFER AUTHORITY IN CONNECTION WITH PAY- MENT 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 subparagraph (B) with any person who agrees to per- form all environmental restoration, waste manage- ment, 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 lo- cated 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 conditions in connection with an agreement au- thorized by subparagraph (A) as the Secretary con- siders 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 mar- ket value of the property or facilities to be trans- ferred, 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 Page 2130 TITLE 10—ARMED FORCES § 2687 property or facilities agrees to pay the difference be- tween 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 informa- tion of the Secretary regarding the environmental res- toration, waste management, and environmental com- pliance activities described in paragraph (1) that relate to the property or facilities. The Secretary shall pro- vide such information before entering into the agree- ment. ‘‘(4) Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive Environ- mental Response, Compensation, 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 Authoriza- tion Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2687 note) shall not apply to any transfer under this subsection to persons or entities described in sub- section (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 [Nov. 30, 1993]. ‘‘[(e) Repealed. Pub. L. 108–136, div. B, title XXVIII, § 2805(d)(1), Nov. 24, 2003, 117 Stat. 1721.] ‘‘(f) ACQUISITION OF MANUFACTURED HOUSING.—(1) In closing or realigning any military installation under this title, the Secretary may purchase any or all right, title, and interest of a member of the Armed Forces and any spouse of the member in manufactured housing located at a manufactured housing park established at an installation closed or realigned under this title, or make a payment to the member to relocate the manu- factured housing to a suitable new site, if the Secretary determines that— ‘‘(A) it is in the best interests of the Federal Gov- ernment to eliminate or relocate the manufactured housing park; and ‘‘(B) the elimination or relocation of the manufac- tured housing park would result in an unreasonable financial hardship to the owners of the manufactured housing. ‘‘(2) Any payment made under this subsection shall not exceed 90 percent of the purchase price of the man- ufactured housing, as paid by the member or any spouse of the member, plus the cost of any permanent improvements subsequently made to the manufactured housing by the member or spouse of the member. ‘‘(3) The Secretary shall dispose of manufactured housing acquired under this subsection through resale, donation, trade or otherwise within one year of acquisi- tion. ‘‘SEC. 205. WAIVER ‘‘The Secretary may carry out this title without re- gard to— ‘‘(1) any provision of law restricting the use of funds for closing or realigning military installations included in any appropriation or authorization Act; and ‘‘(2) the procedures set forth in sections 2662 and 2687 of title 10, United States Code. ‘‘SEC. 206. REPORTS ‘‘(a) IN GENERAL.—As part of each annual budget re- quest for the Department of Defense, the Secretary shall transmit to the appropriate committees of Con- gress— ‘‘(1) a schedule of the closure and realignment ac- tions 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, together with the Secretary’s assessment of the environmental effects of such ac- tions; and ‘‘(2) a description of the military installations, in- cluding those under construction and those planned for construction, to which functions are to be trans- ferred as a result of such closures and realignments, together with the Secretary’s assessment of the envi- ronmental effects of such transfers. ‘‘(b) STUDY.—(1) The Secretary shall conduct a study of the military installations of the United States out- side the United States to determine if efficiencies can be realized through closure or realignment of the over- seas 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 Committees on Armed Services of the Senate and the House of Representatives. In de- veloping its recommendations to the Secretary under this title, the Commission 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 Commis- sion in its deliberations. ‘‘(3) The Commission, based on its analysis of mili- tary installations in the United States and its review of the Secretary’s study of the overseas base structure, may provide the Secretary with such comments and suggestions as it considers appropriate regarding the Secretary’s study of the overseas base structure. ‘‘[SEC. 207. Repealed. Pub. L. 112–239, div. B, title XXVII, § 2711(c)(1), Jan. 2, 2013, 126 Stat. 2143.] ‘‘SEC. 208. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT ‘‘(a) TERMS OF THE RESOLUTION.—For purposes of sec- tion 202(b), 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: ‘That Congress disapproves the rec- ommendations of the Commission on Base Realign- ment and Closure established by the Secretary of De- fense 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 resolu- tion disapproving the recommendations of the Com- mission on Base Realignment 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 re- ferred to the Committee on Armed Services of the Sen- ate. ‘‘(c) DISCHARGE.—If the committee to which a resolu- tion described in subsection (a) is referred has not re- ported such resolution (or an identical resolution) be- fore 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 dis- charged (under subsection (c)) from further consider- ation 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 consideration of the resolution (but only on the day after the calendar day on which such Mem- ber announces to the House concerned the Member’s in- tention to do so). All points of order against the resolu- tion (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amend- ment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A mo- tion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a mo- tion to proceed to the consideration of the resolution is Page 2131 TITLE 10—ARMED FORCES § 2687a agreed to, the respective House shall immediately pro- ceed to consideration 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 di- vided equally between those favoring and those oppos- ing 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 busi- ness, or a motion to recommit the resolution 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 de- bate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if re- quested 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 application 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 sub- section (a) shall be decided without debate. ‘‘(e) CONSIDERATION BY OTHER HOUSE.—(1) If, before the passage by one House of a resolution of that House described in subsection (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 pas- sage as provided in subparagraph (B)(ii). ‘‘(B) With respect to a resolution described in sub- section (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 res- olution of the other House. ‘‘(2) Upon disposition of the resolution received from the other House, it shall no longer be in order to con- sider 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 in- consistent with such rules; and ‘‘(2) with full recognition of the constitutional right of either House to change the rules (so far as re- lating to the procedure of 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 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). ‘‘(2) The term ‘appropriate committees of Congress’ means the Committees on Armed Services and the Committees on Appropriations of the Senate and the House of Representatives. ‘‘(3) The terms ‘Commission on Base Realignment and Closure’ 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 vot- ing. ‘‘(4) The term ‘charter establishing such Commis- sion’ means the charter referred to in paragraph (3). ‘‘(5) The term ‘initiate’ includes any action reduc- ing functions or civilian personnel positions but does not include studies, planning, or similar activities carried out before there is a reduction of such func- tions 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 civil- ian 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 Puer- to Rico, Guam, the Virgin Islands, American Samoa, and any other commonwealth, territory, or posses- sion of the United States. ‘‘(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 Sec- retary of Defense as the entity responsible for devel- oping the redevelopment plan with respect to the in- stallation or 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 in- stallation that is available for such reuse or rede- velopment as a result of the closure of the installa- tion.’’ [For effective date of amendments by section 2711(c)(1), (3)(B) of Pub. L. 112–239 to sections 204, 207, and 209 of Pub. L. 100–526, set out above, see section 2711(d) of Pub. L. 112–239, set out as an Effective Date of 2013 Amendment note under section 2701 of this title.] [For effective date of amendment by section 2813(d)(1) of Pub. L. 103–337 to section 209 of Pub. L. 100–526, set out above, see Effective Date of Amendment by Section 2813(d)(1) and (2) of Pub. L. 103–337 note set out above.] [For effective date of amendment by section 344(a) of Pub. L. 102–190 to sections 204 and 209 of Pub. L. 100–526, set out above, see Effective Date of 1991 Amendments by Section 344 of Pub. L. 102–190 note set out above.] [Pub. L. 101–510, div. B, title XXIX, § 2923(b)(2), Nov. 5, 1990, 104 Stat. 1821, provided that: ‘‘The amendment made by paragraph (1) [amending section 207 of Pub. L. 100–526 set out above] does not apply with respect to the availability of funds appropriated before the date of the enactment of this Act [Nov. 5, 1990].’’] § 2687a. Overseas base closures and realignments and status of United States overseas military locations (a) ANNUAL REPORT ON STATUS OF OVERSEAS CLOSURES AND REALIGNMENTS AND OVERSEAS MILITARY LOCATIONS.—(1) At the same time that the budget is submitted under section 1105(a) of title 31 for a fiscal year, the Secretary of De- fense shall submit to the congressional defense committees and the Committee on Foreign Re- lations of the Senate and the Committee on For- eign Affairs of the House of Representatives a report on— (A) the status of overseas base closure and realignment actions undertaken as part of a global defense posture realignment strategy; and