[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5540 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5540

  To establish a fair and transparent process that will result in the 
      timely consolidation, closure, and realignment of military 
   installations inside the United States and will realize improved 
efficiencies in the cost and management of military installations, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 2016

     Mr. Smith of Washington (for himself, Mr. Farr, Mrs. Davis of 
  California, Mr. Cooper, Ms. Bordallo, Ms. Speier, and Mr. O'Rourke) 
 introduced the following bill; which was referred to the Committee on 
Armed Services, and in addition to the Committee on Appropriations, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To establish a fair and transparent process that will result in the 
      timely consolidation, closure, and realignment of military 
   installations inside the United States and will realize improved 
efficiencies in the cost and management of military installations, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Military 
Infrastructure Consolidation and Efficiency Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Force structure plan, infrastructure inventory, and 
                            certification of need for consolidation, 
                            closure, and realignment of military 
                            installations.
Sec. 4. Time period to allow congressional review.
Sec. 5. Recommendations for consolidation, closure, or realignment of 
                            military installations.
Sec. 6. Final selection criteria for making recommendations for 
                            consolidation, closure, and realignment of 
                            military installations.
Sec. 7. Military Infrastructure Consolidation and Efficiency Commission 
                            of 2019.
Sec. 8. Secretary of Defense recommendations for consolidation, 
                            closure, or realignment of military 
                            installations.
Sec. 9. Commission review of Secretary of Defense recommendations for 
                            consolidation, closure, or realignment of 
                            military installations.
Sec. 10. Presidential review of Commission recommendations for 
                            consolidation, closure, or realignment of 
                            military installations.
Sec. 11. Prohibition on implementation of recommendations pending 
                            congressional review.
Sec. 12. Implementation.
Sec. 13. Management and disposal of property.
Sec. 14. Account.
Sec. 15. Restriction on other base closure authority.
Sec. 16. Required reports.
Sec. 17. Definitions.
Sec. 18. Treatment as a base closure law for purposes of other 
                            provisions of law.
Sec. 19. Conforming amendments.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The Department of Defense has requested legislation to 
        authorize a new round of base realignments and closures (BRAC) 
        as part of each budget request since fiscal year 2013.
            (2) The Department of Defense request for a new BRAC round 
        is based on the Department's analysis that--
                    (A) there is infrastructure capacity excess to 
                military requirements; and
                    (B) the funds required to sustain this excess 
                infrastructure capacity could be better spent on other 
                national security priorities.
            (3) In testimony before the Committee on Armed Services of 
        the House of Representatives on March 22, 2016, Secretary of 
        Defense Ashton Carter stated that ``we need to stop spending so 
        much money to hold on to bases we don't need'' and that ``we 
        have more bases in more places than we need''.
            (4) According to an April 2016 infrastructure capacity 
        analysis conducted by the Department of Defense using projected 
        fiscal year 2019 force structure levels, overall the Department 
        has approximately 22 percent excess capacity, of which 
        approximately 33 percent is excess Army capacity, 7 percent is 
        excess Navy capacity, 32 percent is excess Air Force capacity, 
        and 12 percent is excess capacity of the Defense Logistics 
        Agency.
            (5) In a time when the Department of Defense is facing 
        significant budget pressures, the Department is being required 
        to expend valuable resources to maintain infrastructure 
        capacity in excess of Department requirements instead of 
        investing these valuable resources in meeting urgent readiness 
        and training requirements or other priorities within the 
        Department.
            (6) While the Department of Defense has already undertaken 
        a number of initiatives to reduce the Department's overseas 
        infrastructure footprint, including the European Infrastructure 
        Consolidation review and the relocation and consolidation of 
        military facilities in Japan and the Republic of Korea, the 
        Department's ability to take similar actions regarding military 
        installation inside the United States is extremely limited 
        without specific authorization from Congress.
            (7) In testimony before the Committee on Armed Services of 
        the House of Representatives on March 22, 2016, John Conger, 
        who was performing the duties of the Assistant Secretary of 
        Defense for Energy, Installations and Environment, testified 
        that by reducing excess infrastructure capacity by only 5 
        percent, the Department of Defense expected it could realize $2 
        billion a year in annual recurring savings.
            (8) A 5-percent reduction in excess infrastructure can be 
        managed in a strategic and cost-effective manner while ensuring 
        appropriate infrastructure capacity remains for potential 
        growth in military force structure or future contingency needs 
        of the Department of Defense.
            (9) While concerns have been raised about the costs and 
        schedule associated with the 2005 BRAC round, the majority of 
        the recommendations of that round were focused on 
        transformation and realignment rather than efficiency and 
        closure.
            (10) As such, congressional authorization for the next BRAC 
        round must include additional oversight and controls on costs 
        and provide sufficient guidance and authority to ensure that 
        the Department of Defense focuses on recommendations that 
        result in efficiencies and financial savings for the 
        Department.
            (11) Furthermore, congressional authorization must ensure 
        that the process for developing recommendations to consolidate, 
        close, or realign military installations is independent, 
        impartial, and transparent.
            (12) In a time when the Department of Defense needs to 
        reduce excess infrastructure capacity and realize efficiencies 
        in its real property inventory, this Act provides the most 
        transparent means to do so while also affording an independent 
        commission, Congress, and community groups a significant voice 
        and role in the process.
    (b) Purpose.--The purpose of this Act is to provide a fair and 
transparent process that will allow the Department of Defense--
            (1) to consolidate, close, or realign military 
        installations within the United States; and
            (2) as a result of such consolidation, closure, and 
        realignment, to realize efficiencies and savings that can be 
        reinvested into critical military readiness and modernization 
        initiatives.

SEC. 3. FORCE STRUCTURE PLAN, INFRASTRUCTURE INVENTORY, AND 
              CERTIFICATION OF NEED FOR CONSOLIDATION, CLOSURE, AND 
              REALIGNMENT OF MILITARY INSTALLATIONS.

    (a) Force Structure.--
            (1) Plan required.--The Secretary of Defense shall develop 
        a force structure plan for the Armed Forces, to be based on an 
        assessment by the Secretary of the probable threats to the 
        national security of the United States during the period 
        beginning with fiscal year 2018 and ending with fiscal year 
        2038.
            (2) Required elements.--The force structure plan shall 
        include, at a minimum, the following elements:
                    (A) The probable end-strength levels of the Armed 
                Forces and major military force units, including land 
                force divisions, carrier and other major combatant 
                vessels, air wings, and other comparable units, 
                identified by the Secretary as needed to meet the 
                probable threats to the national security of the United 
                States identified under paragraph (1).
                    (B) The anticipated levels of funding that will be 
                available for national defense purposes during the 
                period specified in paragraph (1).
    (b) Infrastructure.--
            (1) Inventory required.--The Secretary shall conduct a 
        comprehensive inventory of military installations world-wide 
        for each military department, to include the specific number 
        and type of facilities in the regular and reserve components.
            (2) Required elements.--As part of the infrastructure 
        inventory and using the force structure plan, the Secretary 
        shall address the following:
                    (A) The number and type of infrastructure required 
                to support--
                            (i) the force structure plan; and
                            (ii) any potential growth in the end-
                        strength levels of the Armed Forces and major 
                        military force units in the event of the 
                        emergence of new threats to the security of the 
                        United States or a national emergency, 
                        contingency operation, or declaration of war.
                    (B) The categories of excess infrastructure and 
                infrastructure capacity.
            (3) Special considerations.--In determining the level of 
        necessary and excess infrastructure in the infrastructure 
        inventory, the Secretary shall consider the following:
                    (A) The anticipated and continuing need for and 
                availability of military installations outside the 
                United States, taking into account current restrictions 
                on the use of military installations outside the United 
                States and the potential for future prohibitions or 
                restriction 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.
    (c) Required Report to Congress.--As part of the budget 
justification documents submitted to Congress in support of the budget 
request for the Department of Defense for fiscal year 2019, the 
Secretary shall submit a report to Congress that includes, at a 
minimum, the following elements:
            (1) The force structure plan.
            (2) The infrastructure inventory.
            (3) The certification required by subsection (d).
            (4) An economic analysis of the effect of the 
        consolidation, closure, or realignment of military 
        installations to reduce excess infrastructure capacity.
            (5) The standard rules that would be used to calculate 
        annual recurring savings for manpower base operating costs, 
        utility costs, base closure guarantees, service-sharing 
        agreements, and other installation support activities that the 
        Secretary will use in developing recommendations for the 
        consolidation, closure, or realignment of military 
        installations.
    (d) Revision of Force Structure Plan and Infrastructure 
Inventory.--
            (1) Revision authorized.--The Secretary may revise the 
        force structure plan and infrastructure inventory.
            (2) Submission.--If the Secretary revises the force 
        structure plan or infrastructure inventory, the Secretary shall 
        submit the revised plan or inventory to Congress not later than 
        February 15 of the year following the year in which the a plan 
        or inventory was first submitted.
            (3) Limitation.--For the purposes of selecting military 
        installations for consolidation, closure, or realignment under 
        this Act in the year in which a revision is submitted, no 
        revision of the force structure plan or infrastructure 
        inventory is authorized after the date specified in paragraph 
        (2).
    (e) Certification of Need for Consolidation, Closure, and 
Realignment of Military Installations.--
            (1) Initial certification.--On the basis of the force 
        structure plan, the infrastructure inventory, and the report 
        required under subsection (c), the Secretary shall include in 
        the report a certification of whether the need exists for the 
        Department to consolidate, close, or realign military 
        installations.
            (2) Effect of affirmative certification.--If the Secretary 
        certifies that the need exists for a round for the selection of 
        military installations for consolidation, closure, or 
        realignment, the Secretary also must certify that--
                    (A) the recommendations for the consolidation, 
                closure, or realignment of military installations 
                will--
                            (i) result in annual net savings for each 
                        of the military departments beginning not later 
                        than five years following the date of the 
                        completion of the recommended consolidation, 
                        closure, or realignment action;
                            (ii) have the primary objective of 
                        eliminating excess infrastructure capacity 
                        within the Department and reconfigure the 
                        remaining infrastructure to maximize 
                        efficiency; and
                            (iii) allow the Department to reinvest 
                        potential savings realized from the 
                        consolidation, closure, or realignment of 
                        military installations into future readiness 
                        and modernization requirements of the Armed 
                        Forces; and
                    (B) the Secretary has previously considered and 
                pursued opportunities to eliminate excess 
                infrastructure capacity overseas to maximize efficiency 
                and reduce costs.
            (3) Effect of negative certification.--If the Secretary 
        certifies that the need does not exist for a round for the 
        selection of military installations for consolidation, closure, 
        or realignment, the President may not commence a round for the 
        selection of military installations for consolidation, closure, 
        or realignment as provided by this Act.
            (4) Effect of failure to certify.--If the Secretary does 
        not include the certification referred to in paragraph (1) in 
        the report required by subsection (c), the President may not 
        commence a round for the selection of military installations 
        for consolidation, closure, or realignment as provided by this 
        Act.
    (f) Comptroller General Evaluation.--
            (1) Evaluation required.--If the certification is provided 
        under subsection (e), the Comptroller General of the United 
        States shall prepare an evaluation of the following:
                    (A) The force structure plan and the infrastructure 
                inventory, including the categories of excess 
                infrastructure and infrastructure capacity identified 
                in the inventory.
                    (B) The accuracy and analytical sufficiency of the 
                force structure plan and infrastructure inventory.
                    (C) The need for the consolidation, closure, or 
                realignment of additional military installations.
                    (D) The standard rules that would be used to 
                calculate annual recurring savings for manpower base 
                operating costs, utility costs, base closure 
                guarantees, service-sharing agreements, and other 
                installation support activities that the Secretary will 
                use in developing recommendations for the 
                consolidation, closure, or realignment of military 
                installations.
            (2) Submission.--Not later than 60 days after the date on 
        which the certification is submitted to the Congress, the 
        Comptroller General shall submit to Congress a report 
        containing the results of the evaluation required by this 
        subsection.

SEC. 4. TIME PERIOD TO ALLOW CONGRESSIONAL REVIEW.

    (a) Prohibition.--The Secretary of Defense may only commence a 
round for the selection of military installations for consolidation, 
closure, or realignment as provided by this Act after the end of a 90-
day period beginning on the date the certification required by 
subsection (e) of section 3 is submitted to Congress in the report 
required under subsection (c) of such section.
    (b) Effect of Passage of a Joint Resolution of Disapproval.--If, 
during the period specified in subsection (a), a joint resolution is 
enacted disapproving of the force structure plan, the infrastructure 
inventory, or the certification required by section 3(e), then the 
President may not commence a round for the selection of military 
installations for consolidation, closure, or realignment as provided by 
this Act.

SEC. 5. RECOMMENDATIONS FOR CONSOLIDATION, CLOSURE, OR REALIGNMENT OF 
              MILITARY INSTALLATIONS.

    (a) Conditional Applicability.--This section shall apply only if--
            (1) the Secretary of Defense makes a certification under 
        section 3(e) that the need exists for a round for the selection 
        of military installations for consolidation, closure, or 
        realignment; and
            (2) Congress does not enact a joint resolution described in 
        section 4(b) during the period specified in section 4(a).
    (b) Authority To Develop Recommendations.--Subject to subsection 
(a), the Secretary may initiate a process to develop recommendations 
for the consolidation, closure, or realignment of military 
installations on the basis of the force structure plan, the 
infrastructure inventory, and the final selection criteria.
    (c) Consideration of All Installations.--In developing 
recommendations for the consolidation, closure, or realignment of 
military installations under this Act, 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 consolidation, closure, or realignment by the Department or a 
Defense Base Closure and Realignment Commission.
    (d) Effect of Advance Conversion Planning.--
            (1) In general.--In the development of recommendations for 
        the consolidation, closure, or realignment of military 
        installations, the Secretary may not take into account for any 
        purpose any advance conversion planning undertaken by an 
        affected community with respect to the anticipated 
        consolidation, closure, or realignment of a military 
        installation.
            (2) Elements.--For the purposes of this subsection, 
        advanced conversion planning--
                    (A) shall include community adjustment and economic 
                diversification planning undertaken by the community 
                before an anticipated selection of a military 
                installation in or near the community for 
                consolidation, closure, or realignment; and
                    (B) may include the development of contingency 
                redevelopment plans, plans for economic development and 
                diversification, and plans for the joint use (including 
                civilian and military use, public and private use, 
                civilian dual use, and civilian shared use) of the 
                property or facilities of the military installation 
                after the anticipated consolidation, closure, or 
                realignment.
    (e) Effect of Local Government Approval.--
            (1) Consideration authorized.--Except as provided in 
        paragraph (2), in developing recommendations for the 
        consolidation, closure, and realignment of military 
        installations under this Act, the Secretary shall consider any 
        notice received from a local government in the vicinity of a 
        military installation that the government would approve of the 
        consolidation, closure, or realignment of the military 
        installation.
            (2) Exception.--Notwithstanding receiving a notice 
        described in paragraph (1), the Secretary shall--
                    (A) make recommendations for the consolidation, 
                closure, and realignment of military installations 
                based on the force structure plan, the infrastructure 
                inventory, and the final selection criteria; and
                    (B) include a statement of the result of the 
                consideration of such a notice and the reasons for the 
                result.

SEC. 6. FINAL SELECTION CRITERIA FOR MAKING RECOMMENDATIONS FOR 
              CONSOLIDATION, CLOSURE, AND REALIGNMENT OF MILITARY 
              INSTALLATIONS.

    (a) Final Selection Criteria.--The final selection criteria to be 
used by the Secretary of Defense in making recommendations for the 
consolidation, closure, or realignment of military installations under 
this Act shall be military value criteria and certain additional 
criteria, as follows:
            (1) Military value criteria.--The military value criteria 
        are as follows:
                    (A) The current and future mission capabilities of 
                the Armed Forces, the ability to support technological 
                innovation, the ability to support educational 
                requirements that enhance the success of members of the 
                Armed Forces in their military career fields, and the 
                impact on operational readiness of the total force of 
                the Department, including the impact on joint 
                warfighting, training, and readiness.
                    (B) The availability, condition, and strategic 
                location of land, facilities, and associated airspace 
                (including training areas suitable for maneuver by 
                ground, naval, or air forces throughout a diversity of 
                climate and terrain areas, areas capable of supporting 
                testing and evaluation exercises, and staging areas for 
                the use of the Armed Forces in homeland defense 
                missions) at both existing and potential receiving 
                locations.
                    (C) The ability to accommodate contingency, 
                mobilization, surge, and future total force 
                requirements at both existing and potential receiving 
                locations to support military operations and training.
                    (D) The cost of operations and the manpower 
                implications.
            (2) Additional criteria.--The additional criteria are as 
        follows:
                    (A) The extent and timing of potential costs and 
                savings, including the number of years, beginning with 
                the date of completion of the recommended 
                consolidation, closure, or realignment action, for the 
                savings to exceed the costs.
                    (B) The economic impact on existing communities in 
                the vicinity of the military installation (including 
                potential impacts to employment, termination of 
                contractual agreements, and closure of commercial 
                facilities ), calculated using standardized, federally 
                recognized economic impact data when calculating the 
                impact on existing communities.
                    (C) The impact on homeland security and emergency 
                response preparedness in a State or region
                    (D) The ability of the infrastructure of both the 
                existing and potential receiving communities to support 
                forces, missions, and personnel.
                    (E) The environmental impact, including the impact 
                of costs related to potential environmental 
                restoration, waste management, and environmental 
                compliance activities.
    (b) Priority Considerations.--In making recommendations for the 
consolidation, closure, and realignment of military installations, the 
Secretary shall give priority consideration to the military value 
criteria, as specified in subsection (a)(1).
    (c) Consideration of Time Period for Achieving Savings.--
            (1) Emphasis on net-savings within five years.--The 
        Secretary shall place an emphasis on recommendations for the 
        consolidation, closure, and realignment of military 
        installations that will yield net-savings within five years of 
        the completion of the recommended consolidation, closure, or 
        realignment action.
            (2) Recommendations with long-delayed net-savings.--The 
        Secretary may not make a recommendation that will not 
        demonstrate net-savings within 20 years, unless the Secretary 
        certifies as part of the recommendation that the military value 
        of the recommendation supports or enhances a critical national 
        security interest of the United States.
    (d) Covered Costs.--When determining the costs associated with a 
recommendation for the consolidation, closure, or realignment of a 
military installation, the Secretary shall consider costs associated 
with military construction, information technology, termination of 
public-private contracts, guarantees, and other factors contributing to 
the cost of implementing and completing the recommended consolidation, 
closure, or realignment action, as determined by the Secretary.
    (e) Effect on Department and Other Agency Costs.--The final 
selection criteria relating to the cost savings or return on investment 
from a recommended consolidation, closure, or realignment action shall 
take into account the effect of the consolidation, closure, or 
realignment on the costs of any other activity of the Department or any 
other Federal agency that may be required to assume responsibility for 
activities performed at the military installation to be consolidated, 
closed, or realigned.
    (f) Relation to Other Materials.--The final selection criteria 
shall be the only criteria used, along with the force structure plan 
and the infrastructure inventory, in making recommendations for the 
consolidation, closure, and realignment of military installations 
inside the United States under this Act.

SEC. 7. MILITARY INFRASTRUCTURE CONSOLIDATION AND EFFICIENCY COMMISSION 
              OF 2019.

    (a) Conditional Applicability.--This section shall apply only if--
            (1) the Secretary of Defense makes a certification under 
        section 3(e) that the need exists for a round for the selection 
        of military installations for consolidation, closure, or 
        realignment; and
            (2) Congress does not enact a joint resolution described in 
        section 4(b) during the period specified in section 4(a).
    (b) Establishment of Independent Commission.--Subject to subsection 
(a), there shall be established an independent commission to carry out 
the duties specified for it in this Act. The Commission shall be known 
as the ``Military Infrastructure Consolidation and Efficiency 
Commission of 2019''.
    (c) Composition and Appointment.--
            (1) Members and appointment.--The Commission shall be 
        composed of nine members appointed by the President, by and 
        with the advice and consent of the Senate.
            (2) Consultation.--In selecting individuals for nomination 
        to be members of 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 
                Representatives concerning the appointment of one 
                member; and
                    (D) the minority leader of the Senate concerning 
                the appointment of one member.
            (3) Chairman.--At the time the President nominates 
        individuals for appointment to the Commission, the President 
        shall designate one such individual who shall serve as the 
        Chairman of the Commission.
            (4) Priority.--The President shall give priority 
        consideration in the nomination of members of the Commission to 
        individuals who--
                    (A) have demonstrated expertise regarding the 
                current and future operational and training 
                requirements of the Armed Forces, professional military 
                education, military installation infrastructure and 
                environmental management, or the socioeconomic impact 
                of military installations on states, regions, and local 
                communities; and
                    (B) have not served on a Defense Base Closure and 
                Realignment Commission.
            (5) Deadline.--If the President does not transmit to the 
        Senate the nominations for appointment to the Commission on or 
        before February 1, 2019, the process by which military 
        installations may be selected for consolidation, closure, or 
        realignment under this Act shall be terminated.
            (6) Term.--A member of the Commission shall serve until the 
        termination of the Commission under subsection (i).
            (7) Vacancy.--A vacancy in the Commission shall be filled 
        in the same manner as the original appointment, and the 
        individual appointed to fill the vacancy shall serve for the 
        unexpired portion of the term of the individual's predecessor 
        under paragraph (6).
    (d) Pay and Travel Expenses.--
            (1) In general.--Each member of the Commission, 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 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 
        duties vested in the Commission.
            (2) Chairman.--The Chairman of the Commission shall be paid 
        for each day referred to in paragraph (1) 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.
            (3) Travel expenses.--Members of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (e) Director and Staff.--
            (1) Director.--The Commission shall appoint, without regard 
        to section 5311 of title 5, United States Code, a Director who 
        has not served on active duty in the Armed Forces or as a 
        civilian employee of the Department during the one year period 
        preceding the date of such appointment. 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.
            (2) Staff.--Subject to the approval of the Commission, the 
        Director may appoint and fix the pay of additional staff 
        personnel. The Director may make such appointments without 
        regard to the provision of title 5, United States Code, 
        governing appointments in the competitive service, and any 
        personnel so appointment may be paid without regard to the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        that title relating to classification 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-15 
        of the General Schedule.
            (3) Detailed personnel.--Upon the request of the Director, 
        the head of any Federal department of agency may detail any of 
        the personnel of that department or agency to the Commission to 
        assist the Commission in carrying out its duties under this 
        Act. The Comptroller General of the United States shall provide 
        assistance, including the detailing of employees, to the 
        Commission in accordance with an agreement entered into with 
        the Commission.
            (4) Staff restrictions.--
                    (A) Limitations on detailees from department.--Of 
                the personnel employed by or detailed to the 
                Commission--
                            (i) not more than one-third may be on 
                        detail from the Department;
                            (ii) not more than one-fifth of the 
                        professional analysts of the Commission staff 
                        may be on detail from the Department; and
                            (iii) no person detailed from the 
                        Department may be assigned as the lead 
                        professional analyst with respect to a military 
                        department or Defense Agency.
                    (B) Conflict of interest limitation.--A person may 
                not be detailed from the Department to the Commission 
                if, within 12 months before the detail is to begin, 
                that person participated personally and substantially 
                in any matter within the Department concerning the 
                preparation of recommendations for the consolidation, 
                closure, or realignment of military installations.
                    (C) Duty limitations.--No member of the Armed 
                Forces, and no officer or employee of the Department, 
                may--
                            (i) prepare any report concerning the 
                        effectiveness, fitness, or efficiency of the 
                        performance on the staff of the Commission of 
                        any person detailed from the Department to that 
                        staff;
                            (ii) review the preparation of such a 
                        report; or
                            (iii) approve or disapprove of such a 
                        report.
                    (D) Time-period limitations.--During the period 
                beginning January 1, 2020, and ending April 15, 2020, 
                there may not be more than 15 persons on the staff of 
                the Commission at any one time, the staff may only 
                perform such functions as are necessary to prepare for 
                the termination of the Commission and transfer of all 
                records to the Department or national archives. No 
                member of the Armed Forces and no officer or employee 
                of the Department may serve on the staff during this 
                time.
            (5) Staff-related certification.--Not later than April 1, 
        2019, the Chairman of the Commission shall certify to the 
        Secretary and the congressional defense committees whether the 
        Commission has adequate staff to review the recommendations to 
        be submitted by the Secretary pursuant to section 8.
    (f) Other Authorities.--To the extent funds are available; the 
Commission may lease space, acquire personal property, and procure by 
contract the temporary or intermittent services of experts or 
consultants pursuant to section 3109 of title 5, United States Code.
    (g) Funding.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to the Commission such funds as are 
        necessary to carry out its duties under this Act. Such funds 
        shall remain available until expended.
            (2) Transfer authority.--If no funds are appropriated to 
        the Commission by the end of the second session of the 115th 
        Congress, the Secretary may transfer to the Commission for 
        purposes of its activities under this Act such funds as the 
        Commission may require to carry out such activities. The 
        Secretary may make such transfer from any funds available to 
        the Secretary. Funds so transferred shall remain available to 
        the Commission for such purpose until expended.
    (h) Prohibition Against Restricting Communications.--Section 1034 
of title 10, United States Code, shall apply with respect to 
communications with the Commission.
    (i) Termination.--The Commission shall terminate on April 15, 2020.

SEC. 8. SECRETARY OF DEFENSE RECOMMENDATIONS FOR CONSOLIDATION, 
              CLOSURE, OR REALIGNMENT OF MILITARY INSTALLATIONS.

    (a) Conditional Applicability.--This section shall apply only if--
            (1) the Secretary of Defense makes a certification under 
        section 3(e) that the need exists for a round for the selection 
        of military installations for consolidation, closure, or 
        realignment;
            (2) Congress does not enact a joint resolution described in 
        section 4(b) during the period specified in section 4(a); and
            (3) the Chairman of the Commission certifies under section 
        7(e)(5) that the Commission has adequate staff to review the 
        recommendations to be submitted by the Secretary pursuant to 
        this section.
    (b) Publication and Transmittal of Recommendations.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall publish in the Federal Register, transmit to the 
        congressional defense committees, and transmit to the 
        Commission a list of the military installations inside the 
        United States that the Secretary recommends for consolidation, 
        closure, or realignment based on the force structure plan, 
        infrastructure inventory, and final selection criteria.
            (2) Deadline.--The publication and transmittal shall occur 
        before the later of the following:
                    (A) April 15, 2019.
                    (B) 14 days after the Chairman of the Commission 
                makes the certification referred to in subsection 
                (a)(3).
    (c) Transmittal of Additional Materials.--Not later than seven days 
after the date of the transmittal of the list of recommendations under 
subsection (c), the Secretary shall transmit to the congressional 
defense committees and the Commission the following additional 
materials:
            (1) A summary of the selection process that resulted in the 
        recommendation for each military installation specified in the 
        list of recommendations, including a justification for each 
        recommendation based on the final selection criteria.
            (2) An estimate of the cost and potential savings of each 
        recommendation.
            (3) Standard rules to calculate annual recurring savings 
        for manpower base operating costs, utility costs, base closure 
        guarantees, service-sharing agreements, and other installation 
        support activities that the Secretary will use in the 
        determination of the savings derived from a recommendation.
    (d) Availability of Information.--In addition to making all 
information used by the Secretary to prepare the recommendations under 
this section available to Congress (including any committee or Member 
of Congress), the Secretary shall also make such information available 
to the Commission, the Comptroller General of the United States, and 
the public by means of the Internet or another electronic format. This 
information shall include, but is not limited to unclassified 
assessment data on the current condition of facilities and 
infrastructure, an environmental baseline of known or contamination and 
remediation activities, and standard rules used to calculate annual 
recurring savings.
    (e) Certification of Accuracy and Completeness of Information.--
When submitting information to the Secretary or the Commission 
concerning the recommended consolidation, closure, or realignment of a 
military installation, the following individuals shall certify that 
such information is accurate and complete to the best of that person's 
knowledge and belief:
            (1) The Secretaries of the military departments.
            (2) The heads of the Defense Agencies.
            (3) Each person whose duties include personal and 
        substantial involvement in the preparation and submission of 
        information and recommendations concerning the consolidation, 
        closure, or realignment of military installations, as 
        designated in regulations which the Secretary shall prescribe, 
        regulations which the Secretary of each military department 
        shall prescribe for personnel within that military department, 
        or regulations which the head of each Defense Agency shall 
        prescribe for personnel within that Defense Agency.
    (f) Public Availability of Information and Submission to 
Congress.--Any information provided to the Commission by a person 
described in subsection (d) shall also be made available for the public 
record and be submitted in written form to the Senate and the House of 
Representatives to be made available to Members of the House concerned 
in accordance with the rules of that House. The information shall be 
submitted to the Senate and the House of Representatives within 48 
hours after the submission of the information to the Commission.

SEC. 9. COMMISSION REVIEW OF SECRETARY OF DEFENSE RECOMMENDATIONS FOR 
              CONSOLIDATION, CLOSURE, OR REALIGNMENT OF MILITARY 
              INSTALLATIONS.

    (a) Public Hearings and Testimony.--After receiving the 
recommendations from the Secretary of Defense for the consolidation, 
closure, and realignment of military installations pursuant to section 
8, the Commission shall conduct public hearings on the recommendations. 
All testimony before the Commission at a public hearing conducted under 
this subsection shall be presented under oath.
    (b) Open Meetings.--The Commission shall meet only during calendar 
year 2019, and each meeting, other than meetings in which classified 
information is to be discussed, shall be open to the public. All the 
proceedings, information, and deliberations of the Commission shall be 
open, upon request, to the following:
            (1) The chairmen and ranking members of the Committees on 
        Armed Services of the Senate and the House of Representatives, 
        or such other members of the committees designated by such 
        chairmen or ranking members.
            (2) The chairmen and ranking members of the Subcommittees 
        on Military Construction, Veterans Affairs, and Related 
        Agencies of the Committees on Appropriations of the Senate and 
        the House of Representatives, or such other members of the 
        subcommittees designated by such chairmen or ranking members.
            (3) The chairmen and ranking members of the Subcommittees 
        on Defense of the Committees on Appropriations of the Senate 
        and the House of Representatives, or such other members of the 
        subcommittees designated by such chairmen or ranking members.
    (c) Comptroller General Review and Assistance.--
            (1) Assistance.--The Comptroller General of the United 
        States shall assist the Commission, to the extent requested, in 
        the Commission's review of the recommendations submitted by the 
        Secretary of Defense pursuant to section 8.
            (2) Review.--Not later than 45 days after the date on which 
        the Secretary transmits the recommendations to the Commission 
        pursuant to subsection 8(b), the Comptroller General shall 
        transmit to Congress and to the Commission a report containing 
        a detailed analysis of the Secretary's recommendations, 
        selection process, and standard rules to calculate annual 
        recurring savings.
    (d) Report to President.--
            (1) Report required; content.--Subject to paragraph (2), 
        the Commission shall transmit to the President a report 
        containing--
                    (A) the findings and conclusions of the Commission 
                based on its review of the recommendations made by the 
                Secretary pursuant to section 8;
                    (B) the recommendations of the Commission for the 
                consolidation, closure, and realignment of military 
                installations inside the United States; and
                    (C) an explanation and justification of each 
                recommendation made by the Commission that is different 
                from the Secretary pursuant to subsection (e).
            (2) Deadline.--The report of the Commission shall be 
        transmitted before the later of the following:
                    (A) October 1, 2019.
                    (B) 180 days after the date on which the Secretary 
                transmits the recommendations to the Commission 
                pursuant to subsection 8(b).
            (3) Availability.--The report of the Commission also shall 
        be made available to Congress and the public by means of the 
        Internet or another electronic format on the same date on which 
        the Commission transmits the report to the President.
    (e) Changes to the Secretary's Recommendations.--In making its 
recommendations under this section, the Commission may make changes, 
subject to subsection (f), in any of the recommendations made by the 
Secretary if the Commission determines that--
            (1) the Secretary deviated substantially from the force 
        structure plan or the final selection criteria in making the 
        recommendation; or
            (2) a recommendation made by the Secretary was justified by 
        assessment data--
                    (A) that the Commission determines to be invalid; 
                and
                    (B) that, if corrected, the Commission determines 
                would significantly impact the military value or 
                potential costs and savings of the recommendation.
    (f) Process for Making Changes.--
            (1) Threshold for consideration.--The Commission may not 
        consider making a change in the recommendations of the 
        Secretary that would add or remove a military installation to 
        the Secretary's list of recommendations unless--
                    (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--
                            (i) in the case of considering a military 
                        installation for addition, the installation was 
                        not included on the consolidation, closure, or 
                        realignment list by the Secretary; or
                            (ii) in the case of considering a military 
                        installation for removal, the installation was 
                        included on the consolidation, closure, or 
                        realignment list by the Secretary; and
                    (B) the decision to add or remove the installation 
                for Commission consideration is supported by at least 
                seven members of the Commission.
            (2) Removal or reduction.--In addition to complying with 
        the requirements of subsection (e), the Commission may remove a 
        military installation from the list of recommendations made by 
        the Secretary, or decrease the extent of a realignment proposed 
        by a particular recommendation, only if the decision to remove 
        that recommendation is supported by a simple majority of the 
        members of the Commission.
            (3) Addition or increase.--In addition to complying with 
        the requirements of subsection (e), the Commission may add a 
        military installation to the list of recommendations made by 
        the Secretary, or increase the extent of a realignment proposed 
        by a particular recommendation, only if--
                    (A) the Commission--
                            (i) determines that the change is 
                        consistent with the force structure plan, 
                        infrastructure inventory, and final selection 
                        criteria;
                            (ii) 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 subsection (d); and
                            (iii) conducts public hearings on the 
                        proposed change;
                    (B) at least two Members of the Commission visit 
                the military installation before the date of the 
                transmittal of the report pursuant to subsection (c); 
                and
                    (C) the decision of the Commission to make the 
                change is supported by at least seven members of the 
                Commission.
            (4) Cost estimate required.--For each change made by the 
        Commission in the recommendations of the Secretary, the 
        Commission, in coordination with the Secretary, shall provide 
        an updated estimated costs to complete the recommended 
        consolidation, closure, or realignment action and potential 
        savings of the recommendation.
    (g) Responsibility To Recuse.--
            (1) In general.--A member of the Commission shall recuse 
        himself or herself from consideration of a matter before the 
        Commission--
                    (A) in accordance with section 208 of title 18, 
                United States Code; and
                    (B) in addition, in the event that the member is 
                concerned that other circumstances would raise a 
                question regarding the legitimacy and impartiality of 
                the final recommendations of the Commission.
            (2) Extent of recusal.--In recusing himself or herself from 
        consideration of a matter before the Commission, the member 
        shall not participate in the deliberations on, or vote 
        regarding, such a matter.

SEC. 10. PRESIDENTIAL REVIEW OF COMMISSION RECOMMENDATIONS FOR 
              CONSOLIDATION, CLOSURE, OR REALIGNMENT OF MILITARY 
              INSTALLATIONS.

    (a) Approval or Disapproval.--
            (1) In general.--Subject to paragraph (2), following 
        receipt of the report of the Commission required by section 9, 
        the President shall transmit to the Commission and to Congress 
        a report containing the President's approval or disapproval of 
        the recommendations of the Commission for the consolidation, 
        closure, or realignment of military installations.
            (2) Deadline.--The report of the President shall be 
        transmitted before the later of the following:
                    (A) October 15, 2019.
                    (B) 14 days after the date on which the Commission 
                transmits its recommendations to the President pursuant 
                to section 9(d).
    (b) Effect of Approval.--It the President approves all the 
recommendations of the Commission, the report of the President to 
Congress under subsection (a) shall include--
            (1) a copy of the Commission's recommendations; and
            (2) a certification of such approval.
    (c) Effect of Disapproval.--If the President disapproves the 
recommendations of the Commission, in whole or in part, the report of 
the President under subsection (a) shall include--
            (1) the reasons for disapproval; and
            (2) a certification of such disapproval.
    (d) Revision.--
            (1) Opportunity to revise.--If the President disapproves 
        the recommendations of the Commission, the Commission shall 
        transmit to the President a revised list of recommendations for 
        the consolidation, closure, and realignment of military 
        installations before the later of the following:
                    (A) November 30, 2019.
                    (B) 30 days after the date on which the President 
                transmits the disapproval.
            (2) Effect of approval.--If the President approves all of 
        the revised recommendations of the Commission transmitted to 
        the President under paragraph (1), the President shall transmit 
        to the Commission and to Congress a report containing--
                    (A) a copy of the revised recommendations; and
                    (B) a certification of such approval.
            (3) Termination.--If the President does not transmit to 
        Congress the report described in paragraph (2) by December 31, 
        2019, the process by which military installations may be 
        selected for consolidation, closure, or realignment under this 
        Act shall be terminated.

SEC. 11. PROHIBITION ON IMPLEMENTATION OF RECOMMENDATIONS PENDING 
              CONGRESSIONAL REVIEW.

    (a) Opportunity for Congressional Review.--Unless Congress enacts a 
joint resolution described in subsection (b), the Secretary of Defense 
may begin to take the implementation actions described in section 12 
after the end of a 45-day period beginning on the date on which the 
President submits to the Commission and Congress a report containing an 
approval and certification pursuant to section 10, or the adjournment 
of Congress sine die for the session in which the report is 
transmitted, whichever is earlier.
    (b) Effect of Passage of a Joint Resolution of Disapproval.--If a 
joint resolution disapproving of the recommendations of the Commission 
submitted by the President in a report pursuant to section 10 is 
enacted by Congress not later than 45 days after the date of the 
transmission of the report, then the Secretary may not carry out any 
consolidation, closure, or realignment recommended by the Commission in 
the report transmitted by the President.

SEC. 12. IMPLEMENTATION.

    (a) In General.--Subject to section 11, the Secretary shall--
            (1) close all military installations recommended for 
        closure by the Commission in the report transmitted to the 
        Congress by the President pursuant to section 10;
            (2) realign all military installations recommended for 
        realignment by the Commission in the report;
            (3) initiate all such closures and realignments no later 
        than two years after the date on which the President transmits 
        the report to the Congress that contains the recommendations 
        for such closures or realignments;
            (4) complete all such closures and realignments no later 
        than the end of the 5-year period beginning on the date on 
        which the President transmits the report containing the 
        recommendations for such closures or realignments; and
            (5) develop a schedule and plan for the implementation of 
        the actions required by the preceding paragraphs in a manner 
        that is suitable for reuse, minimizes the time required to 
        dispose of excess and surplus real property and maximizes 
        efficiency and return on investment.
    (b) Actions To Be Taken.--
            (1) In closing or realigning any military installation 
        under this Act, the Secretary may take such actions as may be 
        necessary for each approved recommendation to close or realign 
        a military installation, including the acquisition of such 
        land, the construction of such replacement facilities, the 
        performance of such activities, and the conduct of such advance 
        planning and design as may be required to transfer the 
        functions from a military installation being closed or 
        realigned to another military installation, and may use for 
        such purposes funds in the Account or funds appropriated to the 
        Department of Defense for use in planning and design, minor 
        construction, or operation and maintenance.
            (2) Except as provided in section 14(c), in carrying out 
        any closure or realignment action under this Act, the Secretary 
        may not exceed, by more than 25 percent, the total cost 
        specified for such closure or realignment action in the report 
        transmitted by the Commission to the President pursuant to 
        section 9(d).
            (3) In closing or realigning any military installation 
        under this Act, the Secretary may provide economic adjustment 
        assistance to any community located near a military 
        installation being closed or realigned, and community planning 
        assistance to any community located near a military 
        installation to which functions will be transferred as a result 
        of the consolidation, closure, or realignment of a military 
        installation, if the Secretary determines that the financial 
        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 
        planning assistance.
            (4) In closing or realigning any military installation 
        under this Act, the Secretary may carry out activities for the 
        purposes of environmental restoration and mitigation at any 
        such installation, and shall use for such purposes funds both 
        appropriated to the Account (reference) and funds deposited in 
        the Account from the proceeds of the lease, transfer, or 
        disposal of any property at a military installation that is 
        consolidated, closed, or realigned under this Act. The 
        Secretary shall ensure that environmental restoration of any 
        property made excess to the needs of the Department of Defense 
        as a result of such consolidation, closure, or realignment be 
        carried out as soon as possible to expedite the ability of the 
        redevelopment authority to carry out its redevelopment plan for 
        the property.
            (5) In closing or realigning any military installation 
        under this Act, the Secretary may provide outplacement 
        assistance to civilian employees employed by the Department of 
        Defense at military installations being closed or realigned, an 
        may use for such purposes funds in the Account or funds 
        appropriated to the Department of Defense for outplacement 
        assistance to employees.
            (6) In closing or realigning any military installation 
        under this Act, the Secretary may reimburse other Federal 
        agencies for actions performed at the request of the Secretary 
        with respect to any such consolidation, closure, or 
        realignment, and may use for such purposes funds in the Account 
        of funds appropriated to the Department of Defense and 
        available for such purpose.

SEC. 13. MANAGEMENT AND DISPOSAL OF PROPERTY.

    (a) Establishment of a Single Property Disposal Agency.--The 
Secretary shall establish a new Field Activity to act as the executive 
agent for the management and disposal of real property made excess to 
the needs of the Department in carrying out the actions described in 
section 12. The staff of this Field Activity may consist of persons 
detailed to the field activity by the Army Corps of Engineers, Naval 
Facilities Engineering Command, the Air Force Installation and Mission 
Support Center, and other Federal departments or agencies to assist in 
carrying out the Field Activities duties under this Act.
    (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 Act--
                    (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 determine 
                the availability of excess or surplus real property 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 exercise the 
        authority delegated to the Secretary pursuant to paragraph (1) 
        in accordance with--
                    (i) all regulations governing the utilization of 
                excess property and the disposal of surplus property 
                under subtitle I of title 40, United States Code; 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)).
            (B) The Secretary may, with the concurrence of the 
        Administrator of General Services--
                    (i) prescribe general policies and methods for 
                utilizing excess property and disposing of surplus 
                property pursuant to the authority delegated under 
                paragraph (1); and
                    (ii) issue regulations relating to such policies 
                and methods, which shall supersede the regulations 
                referred to in subparagraph (A) with respect to that 
                authority.
            (C) The Secretary of Defense may transfer real property or 
        facilities located at a military installation to be closed or 
        realigned under this Act, with or without reimbursement, to a 
        military department or other entity (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 located at 
        any military installation to be closed or realigned under this 
        Act, 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 Act 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 or the purpose of considering 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 approval 
        of the consolidation, closure, or realignment of a military 
        installation under this Act, the Secretary, in consultation 
        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 
        subparagraph (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 government 
                agency designated for the purpose of such consultation 
                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 activities referred to 
        in clause (ii) with respect to an installation referred to in 
        that clause until the earlier of--
                    (I) one week after the date on which the 
                redevelopment plan for the installation is submitted to 
                the Secretary;
                    (II) the date on which the redevelopment authority 
                notifies the Secretary that it will not submit such a 
                plan;
                    (III) twenty-four months after the date of approval 
                of the consolidation, closure, or realignment of the 
                installation; or
                    (IV) ninety days before the date of the 
                consolidation, closure, or realignment of the 
                installation.
            (ii) The activities referred to in clause (i) are 
        activities relating to the consolidation, closure, or 
        realignment of an installation to be closed or realigned under 
        this Act as follows:
                    (I) The transfer from the installation of items of 
                personal property at the installation identified in 
                accordance with subparagraph (A).
                    (II) The reduction in maintenance and repair of 
                facilities or equipment located at the installation 
                below the minimum levels required to support the use of 
                such facilities or equipment for nonmilitary purposes.
            (D) Except as provided in paragraph (4), the Secretary may 
        not transfer items of personal property located at an 
        installation to be closed or realigned under this Act 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 entity 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 retained 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 realigned under this 
        Act 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 
                material content or as a source of commonly used 
                components);
                    (iii) is not required for the reutilization or 
                redevelopment 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 Act to the redevelopment 
        authority with respect to the installation for purposes of job 
        generation on the installation.
            (B) The Secretary may transfer real property and personal 
        property located at a military installation to be closed or 
        realigned under this Act that is subject to a ground lease to a 
        military housing privatization partner established pursuant to 
        the Military Housing Privatization Initiative under subchapter 
        IV of Chapter 169 of title 10, United States Code to the lessee 
        under such ground lease.
            (C) The transfer of property located at a military 
        installation under subparagraph (A) or subparagraph (B) may be 
        for consideration at or below the estimated fair market value 
        or without consideration. In determining the amount of 
        consideration to be required, the Secretary shall make a good 
        faith effort to ensure that the conveyance of the property 
        achieves an economical and appropriate outcome for the 
        Department, considering the operations and maintenance costs 
        for the Department to continue the carry the property on its 
        records and the ability to help the redevelopment authority 
        implement its approved redevelopment plan. The determination of 
        such consideration 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 redevelopment 
        authority receives from third-party buyers or lessees from 
        sales and long-term leases of the conveyed property, a portion 
        of the profits obtained over time from the development of the 
        conveyed property, consideration in kind (including goods and 
        services), real property and improvements, or such other 
        consideration as the Secretary considers appropriate. 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 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 
                support 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 disposal 
                record of decision or finding of no significant impact 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
            (D) For purposes of subparagraph (B)(i), the use of 
        proceeds from a sale or lease described in such subparagraph to 
        pay for, or offset the costs of, public investment 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 installation:
                    (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 
                development and reuse of the installation.
            (E) 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 redevelopment of, or related to, the installation for 
        the period specified in subparagraph (B).
            (F)(i) The Secretary may transfer real property at an 
        installation approved for consolidation, closure, or 
        realignment under this Act (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 renewal 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 another 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 redevelopment 
        authority concerned.
            (v) Notwithstanding clause (iii), if a lease under clause 
        (i) involves a substantial portion of the installation, 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 transferred 
        property. Facility services and common area maintenance covered 
        by the lease shall not include--
                    (I) municipal services that a State or local 
                government is required by law to provide to all 
                landowners in its jurisdiction without direct charge; 
                or
                    (II) firefighting or security-guard functions.
            (G) The transfer of personal property under subparagraph 
        (A) shall not be subject to the provisions of subchapters 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 implementation of a redevelopment 
        plan with respect to the installation at which such property is 
        located.
            (H) The provisions of section 120(h) of the Comprehensive 
        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.
            (I) 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 Secretary determines 
        necessary to ensure that final determinations under paragraph 
        (1) regarding whether another department or agency of the 
        Federal Government has identified a use for any portion of a 
        military installation to be closed or realigned under this Act, 
        or will accept transfer of any portion of such installation, 
        are made not later than 6 months after the date of approval of 
        the consolidation, closure, or realignment of that 
        installation.
            (B) The Secretary may, in consultation with the 
        redevelopment authority with respect to an installation, 
        postpone making the final determinations referred to in 
        subparagraph (A) with respect to the installation for such 
        period as the Secretary determines appropriate if the Secretary 
        determines that such postponement is in the best interests of 
        the communities affected by the consolidation, 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 Act 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 
        installation and comply with the redevelopment plan for the 
        installation.
            (ii) Not later than 30 days after acquiring non-Federal 
        real property as the location for a new or replacement Federal 
        facility, the head of the Federal agency acquiring the property 
        shall submit to Congress a report containing the results of the 
        consultation under clause (i) and the reasons why military 
        installations referred to in such clause that are located 
        within the area to be served by the new or replacement Federal 
        facility or within a 200-mile radius of the new or replacement 
        facility, whichever area is greater, were considered to be 
        unsuitable or unavailable for the site of the new or 
        replacement facility.
            (6)(A) The disposal of buildings and property located at 
        installations approved consolidation, closure, or realignment 
        under this title shall be carried out in accordance with this 
        paragraph.
            (B)(i) Not later than the date on which the Secretary of 
        Defense completes the final determinations referred to in 
        paragraph (5) relating to the use or transferability of any 
        portion of an installation covered by this paragraph, the 
        Secretary shall--
                    (I) identify the buildings and property at the 
                installation 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 
                identified under subclause (I) that is excess property 
                or surplus property;
                    (III) submit to the Secretary of Housing and Urban 
                Development and to the redevelopment authority for the 
                installation (or the chief executive officer of the 
                State in which the installation is located if there is 
                no redevelopment authority for the installation at the 
                completion of the determination described in the stem 
                of this sentence) information on any building or 
                property that is identified under subclause (II); and
                    (IV) publish in the Federal Register and in a 
                newspaper 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 authority for 
        an installation covered by this paragraph, the Secretary of 
        Defense shall publish in the Federal Register and in a 
        newspaper of general circulation in the communities in the 
        vicinity of the installation information 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 covered by this paragraph shall submit 
to the redevelopment authority for the installation a notice of the 
interest, 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, 
representative, 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 parties referred to in clause (i) 
in evaluating buildings and property at the installation for purposes 
of this subparagraph.
    (iii) In providing assistance under clause (ii), a redevelopment 
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 information on 
        the buildings and property to representatives of the homeless, 
        and to other persons or entities interested in assisting the 
        homeless, in such communities.
    (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 closure or realignment of the installation.
    (D)(i) State and local governments, representatives of the 
homeless, and other interested parties shall submit a notice of 
interest to a redevelopment authority under subparagraph (C) not later 
than the date specified 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 
        redevelopment 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 circulation in the communities in the 
        vicinity of the installation under subparagraph (B)(i)(IV); and
            (II) in the case of an installation for which a 
        redevelopment 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 redevelopment 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 vicinity 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 program 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 program is 
        or will be coordinated with other homeless assistance programs 
        in the communities in the vicinity 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 organization, 
        and the organizational capacity of the representative 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 redevelopment 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 installation 
concerned is located.
    (F)(i) The redevelopment authority for each installation covered by 
this paragraph shall prepare a redevelopment plan for the installation. 
The redevelopment authority shall, in preparing the plan, consider the 
interests in the use to assist the homeless of the buildings and 
property at the installation that are expressed in the notices 
submitted to the redevelopment authority under subparagraph (C).
    (ii)(I) In connection with a redevelopment plan for an 
installation, a redevelopment authority and representatives of the 
homeless shall prepare legally binding agreements that provide for the 
use to assist the homeless of buildings and property, resources, and 
assistance on or off the installation. The implementation of such 
agreements shall be contingent upon the decision regarding the disposal 
of the buildings and property covered by the agreements by the 
Secretary of Defense under subparagraph (K) or (L).
    (II) Agreements under this clause shall provide for the reversion 
to the redevelopment authority concerned, or to such other entity or 
entities as the agreements 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 property cease being used 
for that purpose.
    (iii) A redevelopment authority shall provide opportunity for 
public comment on a redevelopment plan before 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 preparation 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 received by the 
        redevelopment authority under subparagraph (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 interest 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 authority consulted in preparing 
        the plan, and the results of such consultations.
            (V) An assessment of the manner in which the redevelopment 
        plan balances the expressed needs of the homeless and the need 
        of the communities in the vicinity of the installation for 
        economic redevelopment and other development.
            (VI) Copies of the agreements that the redevelopment 
        authority proposes to enter into under subparagraph (F)(ii).
    (H)(i) Not later than 60 days after receiving a redevelopment plan 
under subparagraph (G), the Secretary of Housing and Urban Development 
shall complete a review of the plan. The purpose of the review is to 
determine whether the plan, with respect to the expressed interest and 
requests of representatives of the homeless--
            (I) takes into consideration the size and nature of the 
        homeless population in the communities in the vicinity of the 
        installation, the availability of existing services in such 
        communities to meet the needs of the homeless in such 
        communities, and the suitability 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 communities 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 representatives of 
        the homeless and the homeless assistance planning boards, if 
        any, in the communities in the vicinity of the installation; 
        and
            (V) specifies the manner in which buildings and property, 
        resources, and assistance on or off the installation will be 
        made available for homeless assistance 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 Development 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 Secretary that a 
redevelopment plan does not meet a requirement set forth in that 
clause. The redevelopment authority may modify the redevelopment plan 
as a result 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 Defense 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 Development determines as 
a result of such a review that a redevelopment plan does not meet the 
requirements set forth in clause (i), a notice under clause (iv) shall 
include--
            (I) an explanation of that determination; and
            (II) a statement of the actions that the redevelopment 
        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 
opportunity to--
            (I) revise the plan in order to address the determination; 
        and
            (II) submit the revised plan to the Secretary of Defense 
        and the Secretary of Housing and Urban Development.
    (ii) A redevelopment authority shall submit a revised 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 referred to in clause (i).
    (J)(i) Not later than 30 days after receiving a revised 
redevelopment plan under subparagraph (I), the Secretary of Housing and 
Urban Development shall review the revised plan and determine if the 
plan meets the requirements set forth in subparagraph (H)(i).
    (ii) The Secretary of Housing and Urban Development shall notify 
the Secretary of Defense and the redevelopment 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 redevelopment plan for an installation meets the 
requirements set forth in subparagraph (H)(i), the Secretary of Defense 
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 installation, the Secretary of Defense 
shall treat the redevelopment plan 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.
    (iii) The Secretary of Defense shall dispose of buildings and 
property under clause (i) in accordance with the record of decision or 
other decision document prepared by the Secretary in accordance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
In preparing the record of decision or other decision 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 consideration.
    (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 sections 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 (as 
the case may be) to determine the eligibility of the applicant and use 
proposed 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).
    (L)(i) If the Secretary of Housing and Urban Development determines 
under subparagraph (J) that a revised 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 submitted to 
        that Secretary under subparagraph (G), including the notice or 
        notices of representatives of the homeless referred to in 
        clause (ii)(II) of that subparagraph;
            (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 obtained 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 requirements set forth in 
        subparagraph (H)(i).
    (ii) The Secretary of Housing and Urban Development may request 
under clause (i)(III) that a representative of the homeless submit to 
that Secretary the following:
            (I) A description of the program of such representative to 
        assist the homeless.
            (II) A description of the manner in which the buildings and 
        property that the representative proposes 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 ensure that the program will be 
        carried out in compliance with Federal environmental law and 
        Federal law against discrimination.
            (IV) A certification that police services, fire protection 
        services, and water and sewer services available in the 
        communities in the vicinity of the installation concerned are 
        adequate for the program.
    (iii) Not later than 90 days after the date of the receipt of a 
revised plan for an installation under subparagraph (J), the Secretary 
of Housing and Urban Development shall--
            (I) notify the Secretary of Defense and the redevelopment 
        authority concerned of the buildings and property at an 
        installation under clause (i)(IV) that the Secretary of Housing 
        and Urban Development determines 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 dispose of buildings and property at the 
installation in consultation with the Secretary of Housing and Urban 
Development and the redevelopment authority concerned.
    (II) For purposes of carrying out an environmental assessment of 
the closure or realignment of an installation, the Secretary of Defense 
shall treat the redevelopment 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 
incorporate 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 buildings and 
property under subclause (I) in accordance with the record of decision 
or other decision document prepared by the Secretary in accordance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
In preparing the record of decision or other decision document, the 
Secretary shall give deference to the redevelopment plan submitted by 
the redevelopment 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 benefit 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 
eligibility criteria set forth in such section or such subchapter (as 
the case may be) to determine the eligibility of the applicant and use 
proposed 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 installation shall be responsible for the 
implementation of and compliance with agreements under the 
redevelopment plan described in that subparagraph for the installation.
    (ii) If a building or property reverts to a redevelopment authority 
under such an agreement, the redevelopment authority shall take 
appropriate actions to secure, to the maximum extent practicable, the 
utilization of the building or property by other homeless 
representatives 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 extend 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 closure 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 respect to the 
Secretary of Housing and Urban Development, in consultation with the 
Secretary of Housing and Urban Development.
    (O) For purposes of this paragraph, the term ``communities in the 
vicinity of the installation'', in the case of an installation, means 
the communities that constitute the political jurisdictions (other than 
the State in which the installation is located) that comprise the 
redevelopment authority for the installation.
    (P) For purposes of this paragraph, the term ``other interested 
parties'', in the case of an installation, includes any parties 
eligible for the conveyance of property 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.
    (c) Applicability of National Environmental Policy Act of 1969.--
(1) The provisions of the National Environmental 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 Act.
    (2)(A) The provisions of the National Environmental Policy Act of 
1969 shall apply to actions of the Department of Defense under this 
Act--
            (i) during the process of property disposal; and
            (ii) during the process of relocating 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 Environmental 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 the consolidation, 
        closure, or realignment by the Commission;
            (ii) the need for transferring functions to any military 
        installation which has been selected as the receiving 
        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 Department 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 Act 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 Payment of Environmental 
Remediation Costs.--
            (1)(A) Subject to paragraph (2) of this subsection and 
        section 120(h) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), 
        the Secretary may enter into an agreement to transfer by deed 
        real property or facilities referred to in subparagraph (B) 
        with any person who agrees to perform all environmental 
        restoration, waste management, and environmental compliance 
        activities that are required for the property or facilities 
        under Federal and State laws, administrative decisions, 
        agreements (including schedules and milestones), and 
        concurrences.
            (B) The real property and facilities referred to in 
        subparagraph (A) are the real property and facilities located 
        at an installation closed or to be closed, or realigned or to 
        be realigned, under this Act 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. The real property and facilities 
        referred to in subparagraph (A) are also the real property and 
        facilities located at an installation approved for 
        consolidation, closure, or realignment under this Act after 
        2001 that are available for purposes other than to assist the 
        homeless.
            (C) The Secretary may require any additional terms and 
        conditions in connection with an agreement authorized by 
        subparagraph (A) as the Secretary considers appropriate to 
        protect the interests of the United States.
            (2) A transfer of real property or facilities may be made 
        under paragraph (1) only if the Secretary certifies to Congress 
        that--
                    (A) the costs of all environmental restoration, 
                waste management, and environmental compliance 
                activities 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 
                Secretary; or
                    (B) if such costs are lower than the fair market 
                value of the property or facilities, the recipient of 
                the property or facilities agrees to pay the difference 
                between the fair market value and such costs.
            (3) 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 
                environmental restoration, waste, management, and 
                environmental compliance activities with respect to 
                such property or facilities exceed the fair market 
                value of such property or facilities as specified in 
                such certification; or
                    (B) the amount by which the costs (as determined by 
                the Secretary) that would otherwise have been incurred 
                by the Secretary for such restoration, management, 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 information of the Secretary 
        regarding the environmental restoration, waste management, and 
        environmental compliance activities described in paragraph (1) 
        that relate to the property or facilities. The Secretary shall 
        provide such information before entering into the agreement.
            (5) Nothing in this subsection shall be construed to 
        modify, alter, or amend the Comprehensive Environmental 
        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 Authorization 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 subsection (a)(2) of such 
        section 330, except in the case of releases or threatened 
        releases not disclosed pursuant to paragraph (4).

SEC. 14. ACCOUNT.

    (a) Establishment.--
            (1) If the Secretary makes the certification required under 
        section (1)(d), there shall be established on the books of the 
        Treasury an account to be known as the ``Military 
        Infrastructure Consolidation and Efficiency 2019.'' The Account 
        shall be administered by the Secretary as a single account.
            (2) There shall be deposited into the Account--
                    (A) funds authorized for an appropriated to the 
                Account;
                    (B) any funds that the Secretary may, subject to 
                approval in an appropriations Act, transfer to the 
                Account from funds appropriated to the Department of 
                Defense for any purpose, except that such funds may be 
                transferred only after the date on which the Secretary 
                transmits written notice of, and justification for, 
                such transfer to the congressional defense committees; 
                and
                    (C) except as provided in subsection (c), proceeds 
                received from the lease, transfer, or disposal of any 
                property at a military installation that is 
                consolidated, closed, or realigned under this Act.
            (3) 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. Unobligated funds which remain 
        in the Account upon the closure shall be held by the Secretary 
        of the Treasury until transferred by law after the 
        congressional defense committees receive the final report 
        transmitted under section 14(a)(3).
    (b) Use of Funds.--
            (1) In such amounts as may be provided in advance in 
        appropriation Acts, the Secretary may use the Account only for 
        the purposes described in section 12 with respect to military 
        installations approved for consolidation, closure, or 
        realignment under this Act.
            (2) When a decision is made to use funds in the Account to 
        carry out a military construction project under section 
        11(b)(1) and the cost of the project will exceed the maximum 
        amount authorized by law for a minor military construction 
        project, the Secretary shall notify, in writing, the 
        congressional defense committees of the nature of, and 
        justification for, the project and the amount of expenditures 
        for such project. Any such project may be carried out without 
        regard to section 2802(a) of title 10, United States Code.
    (c) Authorized Cost Variations.--
            (1) Maximum increase.--Subject to paragraph (2), the total 
        cost authorized for a closure or realignment action to be 
        carried out using funds in the Account may not be increased by 
        more than 25 percent of the amount specified for such closure 
        or realignment action in the report transmitted by the 
        Commission to the President pursuant to section 9(d).
            (2) Exception.--The limitation on cost variations in 
        paragraph (1) shall not apply if--
                    (A) the Secretary of Defense notifies the 
                congressional defense committees, in writing, of the 
                cost increase and the reason therefor and certifies 
                that the increased cost is necessary in order to 
                implement the recommendation; and
                    (B) a period of 60 days has elapsed after the date 
                on which such notification is provided or, if the 
                notification is provided in an electronic medium 
                pursuant to section 480 of title 10, United States 
                Code, a period of 45 days has elapsed.
    (d) Disposal or Transfer of Commissary Stores and Property 
Purchased With Nonappropriated Funds.--
            (1) 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 disposed of in 
        connection with the consolidation, closure, or realignment of a 
        military installation under this Act, a portion 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 Defense 
        Authorization Amendments and Base Closure and Realignment Act 
        (10 U.S.C. 2687 note).
            (2) The amount so deposited shall be equal to the 
        depreciated value of the investment made with such funds in the 
        acquisition, construction, or improvement of that particular 
        real property or facility. The depreciated value of the 
        investment shall be computed in accordance with regulations 
        prescribed by the Secretary of Defense.
            (3) In such amounts as may be provided in advance in 
        appropriations Acts, the Secretary may use amounts in the 
        reserve account for the purpose of acquiring, constructing, and 
        improving commissary stores and real property and facilities 
        for nonappropriated fund instrumentalities.
    (e) Account Exclusive Source of Funds for Environmental Restoration 
Projects.--Except for funds deposited into the Account under subsection 
(a), funds appropriated to the Department of Defense may not be used 
for purposes described in section 12. The prohibition in this 
subsection shall expire upon the closure of the account under 
subsection (a)(3).

SEC. 15. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY.

    (a) In General.--Except as provided in subsection (c), during the 
period beginning on the date of enactment of this Act, and ending on 
April 15, 2020, this Act shall be the exclusive authority for selecting 
for consolidation, closure, or realignment, or for carrying out any 
consolidation, 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 may be used, other than under this 
Act, during 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 consolidated, closed, or realigned, or as an 
        installation under consideration for consolidation, closure, or 
        realignment; or
            (2) to carry out any consolidation, closure, or realignment 
        of a military installation inside the United States.
    (c) Exception.--Nothing in this title affects the authority of the 
Secretary of Defense to carry out closures or realignments to which 
section 2687 of title 10, United States Code, is not applicable, 
including closures and realignments carried out for reasons of national 
security or a military emergency referred to in subsection (c) of such 
section.

SEC. 16. REQUIRED REPORTS.

    (a) Military Infrastructure Consolidation and Efficiency Account.--
            (1) Report required.--No later than 60 days after the end 
        of each fiscal year in which the Secretary carries out 
        activities under this Act using amounts in the Account, the 
        Secretary of Defense shall transmit a report to the 
        congressional defense committees of--
                    (A) the amount and nature of the deposits into, and 
                the expenditures from, the Account during such fiscal 
                year;
                    (B) the amount and nature of other expenditures 
                made pursuant to section 12 during such fiscal year;
                    (C) the amount and nature of anticipated deposits 
                to be made into, and the anticipated expenditures to be 
                made from, the Account during the first fiscal year 
                commencing after the submission of the report; and
                    (D) the amount and nature of anticipated 
                expenditures to be made pursuant to section 12 during 
                the first fiscal year commencing after the submission 
                of the report.
            (2) Additional elements of report.--The report for a fiscal 
        year shall include the following:
                    (A) The obligations and expenditures from the 
                Account during the fiscal year, identified by 
                subaccount and installation, for each military 
                department and Defense Agency.
                    (B) The fiscal year in which appropriations for 
                such expenditures were made and the fiscal year in 
                which funds were obligated for such expenditure.
                    (C) Each military construction project for which 
                such obligations and expenditures were made, identified 
                by installation and project title.
                    (D) A description and explanation of the extent, if 
                any, to which expenditures for military construction 
                projects for the fiscal year differed from proposals 
                for projects and funding levels that were included in 
                the justification transmitted to Congress under 
                subsection (b), or otherwise, for the funding proposals 
                for the Account for such fiscal year, including 
                explanations of any failure to carry out military 
                construction projects that were so proposed and any 
                expenditures for military construction projects that 
                were not so proposed.
                    (E) An estimate of the net revenues to be received 
                from property disposals to be completed during the 
                first fiscal year commencing after the submission of 
                the report at military installations approved for 
                consolidation, closure, or realignment under this Act.
            (3) Final report.--Not later than 60 days after the closure 
        of the Account under section 14, the Secretary shall transmit 
        to the congressional defense committees a report containing an 
        accounting of all the funds deposited into and expended from 
        the Account or otherwise expended under this Act with respect 
        to such installations, and any amount remaining in the account.
    (b) Annual Military Infrastructure Consolidation and Efficiency 
Implementation Report.--As part of the budget request for fiscal year 
2021, and for each fiscal year thereafter through fiscal year 2032, for 
the Department, the Secretary shall transmit to the congressional 
defense committees--
            (1) a schedule of the closure actions to be carried out 
        under this Act 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 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 actions;
            (2) a description of the military installations, including 
        those under construction and those planned for construction, to 
        which functions are to be transferred as a result of such 
        closure, together with the Secretary's assessment of the 
        environmental effects of such transfers;
            (3) a description of the closure actions already carried 
        out at each military installation since the date of the 
        installation's approval for closure under this Act and the 
        current status of the closure of the installation, including 
        whether--
                    (A) a redevelopment authority has been recognizes 
                by the Secretary for the installation;
                    (B) the screening of property at the installation 
                for other Federal use has been completed; and
                    (C) a redevelopment plan has been agreed to by the 
                redevelopment authority for the installation;
            (4) a description of redevelopment plans for military 
        installations approved for closure under this Act, the quantity 
        of property remaining to be disposed of at each installation as 
        part of its closure, and the quantity of property already 
        disposed of at each installation;
            (5) a list of Federal agencies that have requested property 
        during the screening process for each military installation 
        approved for closure under this Act, including the date of 
        transfer or anticipated transfer of the property to such 
        agencies, the acreage involved in such transfers, and an 
        explanation for any delays in such transfer;
            (6) a list of known environmental remediation issues at 
        each military installation approved for closure under this Act, 
        including the acreage affected by these issues, an estimate of 
        the cost to complete such environmental remediation, and the 
        plans (and timelines) to address such environmental 
        remediation; and
            (7) an estimate of the date for the completion of all 
        closure actions at each military installation approved for 
        consolidation, closure, or realignment under this Act.

SEC. 17. DEFINITIONS.

    In this Act:
            (1) The term ``Account'' means the Military Infrastructure 
        Consolidation and Efficiency Account established by section 
        14(a).
            (2) The term ``congressional defense committees'' means the 
        Committees on Armed Services and the Committees on 
        Appropriations of the Senate and the House of Representatives.
            (3) The term ``Commission'' means the Military 
        Infrastructure Consolidation and Efficiency Commission of 2019 
        established by section 7.
            (4) The term ``date of approval'', with respect to a 
        consolidation, closure, or realignment of a military 
        installation, means the date on which the authority of Congress 
        to disapprove a recommendation of consolidation, closure, or 
        realignment, as the case may be, of such installation under 
        this Act expires.
            (5) The term ``Department'' means the Department of 
        Defense.
            (6) The term ``final selection criteria'' means the final 
        selection criteria specified in section 6, which consists of 
        military value criteria and certain additional criteria.
            (7) The term ``force structure plan'' means the force 
        structure plan developed by the Secretary under section 3(a).
            (8) The term ``infrastructure inventory'' means the 
        infrastructure inventory conducted by the Secretary under 
        section 3(b).
            (9) 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, 
        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.
            (10) The term ``realignment'' includes any action which 
        both reduces and relocates functions and civilian personnel 
        positions but does not include a reduction in force resulting 
        from workload adjustments, reduced personnel or funding levels, 
        or skill imbalances.
            (11) The term ``redevelopment authority'', in the case of a 
        military installation to be closed or realigned under this Act, 
        means any entity (including an entity established by a State or 
        local government) recognized by the Secretary of Defense as the 
        entity responsible for developing the redevelopment plan with 
        respect to the military installation or for directing the 
        implementation of the redevelopment plan.
            (12) The term ``redevelopment plan'', in the case of a 
        military installation to be closed or realigned under this Act, 
        means a plan that--
                    (A) is agreed to by the local redevelopment 
                authority with respect to the military installation; 
                and
                    (B) provides for the reuse or redevelopment of the 
                real property and personal property of the military 
                installation that is available for such reuse and 
                redevelopment as a result of the consolidation, 
                closure, or realignment of the military installation.
            (13) The term ``representative of the homeless'' has the 
        meaning given such term in section 501(i)(4) of the Stewart B. 
        McKinney Homeless Assistance Act (42 U.S.C. 11411(i)(4)).
            (14) The term ``Secretary'' means the Secretary of Defense.
            (15) The term ``United States'' means the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, Guam, 
        the Virgin Islands, American Samoa, the Virgin Islands of the 
        United States, the Commonwealth of the Northern Mariana 
        Islands, and any other commonwealth, territory, or possession 
        of the United States.

SEC. 18. TREATMENT AS A BASE CLOSURE LAW FOR PURPOSES OF OTHER 
              PROVISIONS OF LAW.

    (a) Definition of ``Base Closure Law'' in Title 10.--Section 
101(a)(17) of title 10, United States Code, is amended by adding at the 
end the following new subparagraph:
                    ``(D) Military Infrastructure Consolidation and 
                Efficiency Act of 2016.''.
    (b) Definition of ``Base Closure Law'' in Other Laws.--
            (1) Section 131(b) of Public Law 107-249 (10 U.S.C. 221 
        note) is amended by striking ``means'' and all that follows and 
        inserting ``has the meaning given the term `base closure law' 
        in section 101(a)(17) of title 10, United States Code.''.
            (2) Section 1334(k)(1) of the National Defense 
        Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 
        U.S.C. 2701 note) is amended by adding at the end the following 
        new subparagraph:
                    ``(C) Military Infrastructure Consolidation and 
                Efficiency Act of 2016.''.
            (3) Section 2918(a)(1) of the National Defense 
        Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 
        U.S.C. 2687 note) is amended by adding at the end the following 
        new subparagraph:
                    ``(C) Military Infrastructure Consolidation and 
                Efficiency Act of 2016.''.

SEC. 19. CONFORMING AMENDMENTS.

    (a) Deposit and Use of Lease Proceeds.--Section 2667(e) of title 
10, United States Code, is amended--
            (1) in paragraph (5), by striking ``on or after January 1, 
        2005,'' and inserting ``from January 1, 2005 through December 
        31, 2005,''; and
            (2) by adding at the end the following new paragraph:
            ``(6) Money rentals received by the United States from a 
        lease under subsection (g) at a military installation approved 
        for consolidation, closure, or realignment under a base closure 
        law on or after January 1, 2006, shall be deposited into the 
        Account established under section 14(a) of the Military 
        Infrastructure Consolidation and Efficiency Act of 2016.''.
    (b) Requests by Public Agencies for Property for Public Airports.--
Section 47151(g) of title 49, United States Code, is amended by 
striking ``section 2687 of title 10, section 201 of the Defense 
Authorization Amendments and Base Closure and Realignment Act (10 
U.S.C. 2687 note), or section 2905 of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note)'' and inserting ``a base 
closure law, as that term is defined in section 101(a)(17) of title 
10,''.
    (c) Restored Leave.--Section 6304(d)(3)(A) of title 5, United 
States Code, is amended by striking ``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)'' and inserting ``a base closure law, as that term is 
defined in section 101(a)(17) of title 10,''.
                                 <all>