I 

115TH CONGRESS 

1ST SESSION H. R. 753 

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 

JANUARY 31, 2017 

Mr. SMITH of Washington (for himself, Mrs. DAVIS of California, Mr. COOPER, Ms. BORDALLO, Ms. SPEIER, Mr. O’ROURKE, Mr. KHANNA, Mr. 

HECK, and Mr. VISCLOSKY) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Military Infrastructure Consolidation and Efficiency Act 

4 of 2017’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. 

7 SEC. 2. FINDINGS AND PURPOSE. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 

10 (1) The Department of Defense has requested 

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1 ments and closures (BRAC) as part of each budget 

2 request since fiscal year 2013. 

3 (2) The Department of Defense request for a 

4 new BRAC round is based on the Department’s 

5 analysis that— 

6 (A) there is infrastructure capacity excess 

7 to military requirements; and 

8 (B) the funds required to sustain this ex9 cess infrastructure capacity could be better 

10 spent on other national security priorities. 

11 (3) In testimony before the Committee on 

12 Armed Services of the House of Representatives on 

13 March 22, 2016, Secretary of Defense Ashton Car14 ter stated that ‘‘we need to stop spending so much 

15 money to hold on to bases we don’t need’’ and that 

16 ‘‘we have more bases in more places than we need’’. 

17 (4) According to an April 2016 infrastructure 

18 capacity analysis conducted by the Department of 

19 Defense using projected fiscal year 2019 force struc20 ture levels, overall the Department has approxi21 mately 22-percent excess capacity, of which approxi22 mately 33 percent is excess Army capacity, 7 per23 cent is excess Navy capacity, 32 percent is excess 

24 Air Force capacity, and 12 percent is excess capacity 

25 of the Defense Logistics Agency. 


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1 (5) In a time when the Department of Defense 

2 is facing significant budget pressures, the Depart3 ment is being required to expend valuable resources 

4 to maintain infrastructure capacity in excess of De5 partment requirements instead of investing these 

6 valuable resources in meeting urgent readiness and 

7 training requirements or other priorities within the 

8 Department. 

9 (6) While the Department of Defense has al10 ready undertaken a number of initiatives to reduce 

11 the Department’s overseas infrastructure footprint, 

12 including the European Infrastructure Consolidation 

13 review and the relocation and consolidation of mili14 tary facilities in Japan and the Republic of Korea, 

15 the Department’s ability to take similar actions re16 garding military installation inside the United States 

17 is extremely limited without specific authorization 

18 from Congress. 

19 (7) In testimony before the Committee on 

20 Armed Services of the House of Representatives on 

21 March 22, 2016, John Conger, who was performing 

22 the duties of the Assistant Secretary of Defense for 

23 Energy, Installations and Environment, testified 

24 that by reducing excess infrastructure capacity by 

25 only 5 percent, the Department of Defense expected 


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1 it could realize $2 billion a year in annual recurring 

2 savings. 

3 (8) A 5-percent reduction in excess infrastruc4 ture can be managed in a strategic and cost-effective 

5 manner while ensuring appropriate infrastructure 

6 capacity remains for potential growth in military 

7 force structure or future contingency needs of the 

8 Department of Defense. 

9 (9) While concerns have been raised about the 

10 costs and schedule associated with the 2005 BRAC 

11 round, the majority of the recommendations of that 

12 round were focused on transformation and realign13 ment rather than efficiency and closure. 

14 (10) As such, congressional authorization for 

15 the next BRAC round must include additional over16 sight and controls on costs and provide sufficient 

17 guidance and authority to ensure that the Depart18 ment of Defense focuses on recommendations that 

19 result in efficiencies and financial savings for the 

20 Department. 

21 (11) Furthermore, congressional authorization 

22 must ensure that the process for developing rec23 ommendations to consolidate, close, or realign mili24 tary installations is independent, impartial, and 

25 transparent. 


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1 (12) In a time when the Department of Defense 

2 needs to reduce excess infrastructure capacity and 

3 realize efficiencies in its real property inventory, this 

4 Act provides the most transparent means to do so 

5 while also affording an independent commission, 

6 Congress, and community groups a significant voice 

7 and role in the process. 

8 (b) PURPOSE.—The purpose of this Act is to provide 

9 a fair and transparent process that will allow the Depart10 ment of Defense— 

11 (1) to consolidate, close, or realign military in12 stallations within the United States; and 

13 (2) as a result of such consolidation, closure, 

14 and realignment, to realize efficiencies and savings 

15 that can be reinvested into critical military readiness 

16 and modernization initiatives. 

17 SEC. 3. FORCE STRUCTURE PLAN, INFRASTRUCTURE IN18 VENTORY, AND CERTIFICATION OF NEED FOR 

19 CONSOLIDATION, CLOSURE, AND REALIGN20 MENT OF MILITARY INSTALLATIONS. 

21 (a) FORCE STRUCTURE.— 

22 (1) PLAN REQUIRED.—The Secretary of De23 fense shall develop a force structure plan for the 

24 Armed Forces, to be based on an assessment by the 

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1 curity of the United States during the period begin2 ning with fiscal year 2018 and ending with fiscal 

3 year 2038. 

4 (2) REQUIRED ELEMENTS.—The force struc5 ture plan shall include, at a minimum, the following 

6 elements: 

7 (A) The probable end-strength levels of the 

8 Armed Forces and major military force units, 

9 including land force divisions, carrier and other 

10 major combatant vessels, air wings, and other 

11 comparable units, identified by the Secretary as 

12 needed to meet the probable threats to the na13 tional security of the United States identified 

14 under paragraph (1). 

15 (B) The anticipated levels of funding that 

16 will be available for national defense purposes 

17 during the period specified in paragraph (1). 

18 (b) INFRASTRUCTURE.— 

19 (1) INVENTORY REQUIRED.—The Secretary 

20 shall conduct a comprehensive inventory of military 

21 installations worldwide for each military department, 

22 to include the specific number and type of facilities 

23 in the regular and reserve components. 


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1 (2) REQUIRED ELEMENTS.—As part of the in2 frastructure inventory and using the force structure 

3 plan, the Secretary shall address the following: 

4 (A) The number and type of infrastructure 

5 required to support— 

6 (i) the force structure plan; and 

7 (ii) any potential growth in the end8 strength levels of the Armed Forces and 

9 major military force units in the event of 

10 the emergence of new threats to the secu11 rity of the United States or a national 

12 emergency, contingency operation, or dec13 laration of war. 

14 (B) The categories of excess infrastructure 

15 and infrastructure capacity. 

16 (3) SPECIAL CONSIDERATIONS.—In determining 

17 the level of necessary and excess infrastructure in 

18 the infrastructure inventory, the Secretary shall con19 sider the following: 

20 (A) The anticipated and continuing need 

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1 tial for future prohibitions or restriction on the 

2 use of such military installations. 

3 (B) Any efficiencies that may be gained 

4 from joint tenancy by more than one branch of 

5 the Armed Forces at a military installation. 

6 (c) REQUIRED REPORT TO CONGRESS.—As part of 

7 the budget justification documents submitted to Congress 

8 in support of the budget request for the Department of 

9 Defense for fiscal year 2019, the Secretary shall submit 

10 a report to Congress that includes, at a minimum, the fol11 lowing elements: 

12 (1) The force structure plan. 

13 (2) The infrastructure inventory. 

14 (3) The certification required by subsection (d). 

15 (4) An economic analysis of the effect of the 

16 consolidation, closure, or realignment of military in17 stallations to reduce excess infrastructure capacity. 

18 (5) The standard rules that would be used to 

19 calculate annual recurring savings for manpower 

20 base operating costs, utility costs, base closure guar21 antees, service-sharing agreements, and other instal22 lation support activities that the Secretary will use 

23 in developing recommendations for the consolidation, 

24 closure, or realignment of military installations. 


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1 (d) REVISION OF FORCE STRUCTURE PLAN AND IN2 FRASTRUCTURE INVENTORY.— 

3 (1) REVISION AUTHORIZED.—The Secretary 

4 may revise the force structure plan and infrastruc5 ture inventory. 

6 (2) SUBMISSION.—If the Secretary revises the 

7 force structure plan or infrastructure inventory, the 

8 Secretary shall submit the revised plan or inventory 

9 to Congress not later than February 15 of the year 

10 following the year in which the a plan or inventory 

11 was first submitted. 

12 (3) LIMITATION.—For the purposes of selecting 

13 military installations for consolidation, closure, or 

14 realignment under this Act in the year in which a 

15 revision is submitted, no revision of the force struc16 ture plan or infrastructure inventory is authorized 

17 after the date specified in paragraph (2). 

18 (e) CERTIFICATION OF NEED FOR CONSOLIDATION, 

19 CLOSURE, AND REALIGNMENT OF MILITARY INSTALLA20 TIONS.— 

21 (1) INITIAL CERTIFICATION.—On the basis of 

22 the force structure plan, the infrastructure inven23 tory, and the report required under subsection (c), 

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1 cation of whether the need exists for the Department 

2 to consolidate, close, or realign military installations. 

3 (2) EFFECT OF AFFIRMATIVE CERTIFI4 CATION.—If the Secretary certifies that the need ex5 ists for a round for the selection of military installa6 tions for consolidation, closure, or realignment, the 

7 Secretary also must certify that— 

8 (A) the recommendations for the consolida9 tion, closure, or realignment of military installa10 tions will— 

11 (i) result in annual net savings for 

12 each of the military departments beginning 

13 not later than five years following the date 

14 of the completion of the recommended con15 solidation, closure, or realignment action; 

16 (ii) have the primary objective of 

17 eliminating excess infrastructure capacity 

18 within the Department and reconfigure the 

19 remaining infrastructure to maximize effi20 ciency; and 

21 (iii) allow the Department to reinvest 

22 potential savings realized from the consoli23 dation, closure, or realignment of military 

24 installations into future readiness and 


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1 modernization requirements of the Armed 

2 Forces; and 

3 (B) the Secretary has previously consid4 ered and pursued opportunities to eliminate ex5 cess infrastructure capacity overseas to maxi6 mize efficiency and reduce costs. 

7 (3) EFFECT OF NEGATIVE CERTIFICATION.—If 

8 the Secretary certifies that the need does not exist 

9 for a round for the selection of military installations 

10 for consolidation, closure, or realignment, the Presi11 dent may not commence a round for the selection of 

12 military installations for consolidation, closure, or 

13 realignment as provided by this Act. 

14 (4) EFFECT OF FAILURE TO CERTIFY.—If the 

15 Secretary does not include the certification referred 

16 to in paragraph (1) in the report required by sub17 section (c), the President may not commence a 

18 round for the selection of military installations for 

19 consolidation, closure, or realignment as provided by 

20 this Act. 

21 (f) COMPTROLLER GENERAL EVALUATION.— 

22 (1) EVALUATION REQUIRED.—If the certifi23 cation is provided under subsection (e), the Comp24 troller General of the United States shall prepare an 

25 evaluation of the following: 


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1 (A) The force structure plan and the infra2 structure inventory, including the categories of 

3 excess infrastructure and infrastructure capac4 ity identified in the inventory. 

5 (B) The accuracy and analytical suffi6 ciency of the force structure plan and infra7 structure inventory. 

8 (C) The need for the consolidation, closure, 

9 or realignment of additional military installa10 tions. 

11 (D) The standard rules that would be used 

12 to calculate annual recurring savings for man13 power base operating costs, utility costs, base 

14 closure guarantees, service-sharing agreements, 

15 and other installation support activities that the 

16 Secretary will use in developing recommenda17 tions for the consolidation, closure, or realign18 ment of military installations. 

19 (2) SUBMISSION.—Not later than 60 days after 

20 the date on which the certification is submitted to 

21 the Congress, the Comptroller General shall submit 

22 to Congress a report containing the results of the 

23 evaluation required by this subsection. 


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1 SEC. 4. TIME PERIOD TO ALLOW CONGRESSIONAL REVIEW. 

2 (a) PROHIBITION.—The Secretary of Defense may 

3 only commence a round for the selection of military instal4 lations for consolidation, closure, or realignment as pro5 vided by this Act after the end of a 90-day period begin6 ning on the date the certification required by subsection 

7 (e) of section 3 is submitted to Congress in the report 

8 required under subsection (c) of such section. 

9 (b) EFFECT OF PASSAGE OF A JOINT RESOLUTION

10 OF DISAPPROVAL.—If, during the period specified in sub11 section (a), a joint resolution is enacted disapproving of 

12 the force structure plan, the infrastructure inventory, or 

13 the certification required by section 3(e), then the Presi14 dent may not commence a round for the selection of mili15 tary installations for consolidation, closure, or realignment 

16 as provided by this Act. 

17 SEC. 5. RECOMMENDATIONS FOR CONSOLIDATION, CLO18 SURE, OR REALIGNMENT OF MILITARY IN19 STALLATIONS. 

20 (a) CONDITIONAL APPLICABILITY.—This section 

21 shall apply only if— 

22 (1) the Secretary of Defense makes a certifi23 cation under section 3(e) that the need exists for a 

24 round for the selection of military installations for 

25 consolidation, closure, or realignment; and 


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1 (2) Congress does not enact a joint resolution 

2 described in section 4(b) during the period specified 

3 in section 4(a). 

4 (b) AUTHORITY TO DEVELOP RECOMMENDA5 TIONS.—Subject to subsection (a), the Secretary may ini6 tiate a process to develop recommendations for the consoli7 dation, closure, or realignment of military installations on 

8 the basis of the force structure plan, the infrastructure 

9 inventory, and the final selection criteria. 

10 (c) CONSIDERATION OF ALL INSTALLATIONS.—In 

11 developing recommendations for the consolidation, closure, 

12 or realignment of military installations under this Act, the 

13 Secretary shall consider all military installations inside the 

14 United States equally without regard to whether the in15 stallation has been previously considered or proposed for 

16 consolidation, closure, or realignment by the Department 

17 or a Defense Base Closure and Realignment Commission. 

18 (d) EFFECT OF ADVANCE CONVERSION PLANNING.— 

19 (1) IN GENERAL.—In the development of rec20 ommendations for the consolidation, closure, or re21 alignment of military installations, the Secretary 

22 may not take into account for any purpose any ad23 vance conversion planning undertaken by an affected 

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1 tion, closure, or realignment of a military installa2 tion. 

3 (2) ELEMENTS.—For the purposes of this sub4 section, advanced conversion planning— 

5 (A) shall include community adjustment 

6 and economic diversification planning under7 taken by the community before an anticipated 

8 selection of a military installation in or near the 

9 community for consolidation, closure, or re10 alignment; and 

11 (B) may include the development of contin12 gency redevelopment plans, plans for economic 

13 development and diversification, and plans for 

14 the joint use (including civilian and military 

15 use, public and private use, civilian dual use, 

16 and civilian shared use) of the property or fa17 cilities of the military installation after the an18 ticipated consolidation, closure, or realignment. 

19 (e) EFFECT OF LOCAL GOVERNMENT APPROVAL.— 

20 (1) CONSIDERATION AUTHORIZED.—Except as 

21 provided in paragraph (2), in developing rec22 ommendations for the consolidation, closure, and re23 alignment of military installations under this Act, 

24 the Secretary shall consider any notice received from 

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1 stallation that the government would approve of the 

2 consolidation, closure, or realignment of the military 

3 installation. 

4 (2) EXCEPTION.—Notwithstanding receiving a 

5 notice described in paragraph (1), the Secretary 

6 shall— 

7 (A) make recommendations for the consoli8 dation, closure, and realignment of military in9 stallations based on the force structure plan, 

10 the infrastructure inventory, and the final selec11 tion criteria; and 

12 (B) include a statement of the result of the 

13 consideration of such a notice and the reasons 

14 for the result. 

15 SEC. 6. FINAL SELECTION CRITERIA FOR MAKING REC16 OMMENDATIONS FOR CONSOLIDATION, CLO17 SURE, AND REALIGNMENT OF MILITARY IN18 STALLATIONS. 

19 (a) FINAL SELECTION CRITERIA.—The final selec20 tion criteria to be used by the Secretary of Defense in 

21 making recommendations for the consolidation, closure, or 

22 realignment of military installations under this Act shall 

23 be military value criteria and certain additional criteria, 

24 as follows: 


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1 (1) MILITARY VALUE CRITERIA.—The military 

2 value criteria are as follows: 

3 (A) The current and future mission capa4 bilities of the Armed Forces, the ability to sup5 port technological innovation, the ability to sup6 port educational requirements that enhance the 

7 success of members of the Armed Forces in 

8 their military career fields, and the impact on 

9 operational readiness of the total force of the 

10 Department, including the impact on joint 

11 warfighting, training, and readiness. 

12 (B) The availability, condition, and stra13 tegic location of land, facilities, and associated 

14 airspace (including training areas suitable for 

15 maneuver by ground, naval, or air forces 

16 throughout a diversity of climate and terrain 

17 areas, areas capable of supporting testing and 

18 evaluation exercises, and staging areas for the 

19 use of the Armed Forces in homeland defense 

20 missions) at both existing and potential receiv21 ing locations. 

22 (C) The ability to accommodate contin23 gency, mobilization, surge, and future total 

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1 tial receiving locations to support military oper2 ations and training. 

3 (D) The cost of operations and the man4 power implications. 

5 (2) ADDITIONAL CRITERIA.—The additional cri6 teria are as follows: 

7 (A) The extent and timing of potential 

8 costs and savings, including the number of 

9 years, beginning with the date of completion of 

10 the recommended consolidation, closure, or re11 alignment action, for the savings to exceed the 

12 costs. 

13 (B) The economic impact on existing com14 munities in the vicinity of the military installa15 tion (including potential impacts to employ16 ment, termination of contractual agreements, 

17 and closure of commercial facilities), calculated 

18 using standardized, federally recognized eco19 nomic impact data when calculating the impact 

20 on existing communities. 

21 (C) The impact on homeland security and 

22 emergency response preparedness in a State or 

23 region. 

24 (D) The ability of the infrastructure of 

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1 munities to support forces, missions, and per2 sonnel. 

3 (E) The environmental impact, including 

4 the impact of costs related to potential environ5 mental restoration, waste management, and en6 vironmental compliance activities. 

7 (b) PRIORITY CONSIDERATIONS.—In making rec8 ommendations for the consolidation, closure, and realign9 ment of military installations, the Secretary shall give pri10 ority consideration to the military value criteria, as speci11 fied in subsection (a)(1). 

12 (c) CONSIDERATION OF TIME PERIOD FOR ACHIEV13 ING SAVINGS.— 

14 (1) EMPHASIS ON NET-SAVINGS WITHIN FIVE

15 YEARS.—The Secretary shall place an emphasis on 

16 recommendations for the consolidation, closure, and 

17 realignment of military installations that will yield 

18 net-savings within five years of the completion of the 

19 recommended consolidation, closure, or realignment 

20 action. 

21 (2) RECOMMENDATIONS WITH LONG-DELAYED

22 NET-SAVINGS.—The Secretary may not make a rec23 ommendation that will not demonstrate net-savings 

24 within 20 years, unless the Secretary certifies as 

25 part of the recommendation that the military value 


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1 of the recommendation supports or enhances a crit2 ical national security interest of the United States. 

3 (d) COVERED COSTS.—When determining the costs 

4 associated with a recommendation for the consolidation, 

5 closure, or realignment of a military installation, the Sec6 retary shall consider costs associated with military con7 struction, information technology, termination of public8 private contracts, guarantees, and other factors contrib9 uting to the cost of implementing and completing the rec10 ommended consolidation, closure, or realignment action, 

11 as determined by the Secretary. 

12 (e) EFFECT ON DEPARTMENT AND OTHER AGENCY

13 COSTS.—The final selection criteria relating to the cost 

14 savings or return on investment from a recommended con15 solidation, closure, or realignment action shall take into 

16 account the effect of the consolidation, closure, or realign17 ment on the costs of any other activity of the Department 

18 or any other Federal agency that may be required to as19 sume responsibility for activities performed at the military 

20 installation to be consolidated, closed, or realigned. 

21 (f) RELATION TO OTHER MATERIALS.—The final se22 lection criteria shall be the only criteria used, along with 

23 the force structure plan and the infrastructure inventory, 

24 in making recommendations for the consolidation, closure, 


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1 and realignment of military installations inside the United 

2 States under this Act. 

3 SEC. 7. MILITARY INFRASTRUCTURE CONSOLIDATION AND 

4 EFFICIENCY COMMISSION OF 2019. 

5 (a) CONDITIONAL APPLICABILITY.—This section 

6 shall apply only if— 

7 (1) the Secretary of Defense makes a certifi8 cation under section 3(e) that the need exists for a 

9 round for the selection of military installations for 

10 consolidation, closure, or realignment; and 

11 (2) Congress does not enact a joint resolution 

12 described in section 4(b) during the period specified 

13 in section 4(a). 

14 (b) ESTABLISHMENT OF INDEPENDENT COMMIS15 SION.—Subject to subsection (a), there shall be estab16 lished an independent commission to carry out the duties 

17 specified for it in this Act. The Commission shall be known 

18 as the ‘‘Military Infrastructure Consolidation and Effi19 ciency Commission of 2019’’. 

20 (c) COMPOSITION AND APPOINTMENT.— 

21 (1) MEMBERS AND APPOINTMENT.—The Com22 mission shall be composed of nine members ap23 pointed by the President, by and with the advice and 

24 consent of the Senate. 


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1 (2) CONSULTATION.—In selecting individuals 

2 for nomination to be members of the Commission, 

3 the President should consult with— 

4 (A) the Speaker of the House of Rep5 resentatives concerning the appointment of two 

6 members; 

7 (B) the majority leader of the Senate con8 cerning the appointment of two members; 

9 (C) the minority leader of the House of 

10 Representatives concerning the appointment of 

11 one member; and 

12 (D) the minority leader of the Senate con13 cerning the appointment of one member. 

14 (3) CHAIRMAN.—At the time the President 

15 nominates individuals for appointment to the Com16 mission, the President shall designate one such indi17 vidual who shall serve as the Chairman of the Com18 mission. 

19 (4) PRIORITY.—The President shall give pri20 ority consideration in the nomination of members of 

21 the Commission to individuals who— 

22 (A) have demonstrated expertise regarding 

23 the current and future operational and training 

24 requirements of the Armed Forces, professional 

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1 structure and environmental management, or 

2 the socioeconomic impact of military installa3 tions on states, regions, and local communities; 

4 and 

5 (B) have not served on a Defense Base 

6 Closure and Realignment Commission. 

7 (5) DEADLINE.—If the President does not 

8 transmit to the Senate the nominations for appoint9 ment to the Commission on or before February 1, 

10 2019, the process by which military installations 

11 may be selected for consolidation, closure, or realign12 ment under this Act shall be terminated. 

13 (6) TERM.—A member of the Commission shall 

14 serve until the termination of the Commission under 

15 subsection (i). 

16 (7) VACANCY.—A vacancy in the Commission 

17 shall be filled in the same manner as the original ap18 pointment, and the individual appointed to fill the 

19 vacancy shall serve for the unexpired portion of the 

20 term of the individual’s predecessor under paragraph 

21 (6). 

22 (d) PAY AND TRAVEL EXPENSES.— 

23 (1) IN GENERAL.—Each member of the Com24 mission, other than the Chairman, shall be paid at 

25 a rate equal to the daily equivalent of the minimum 


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1 annual rate of basic pay payable for level IV of the 

2 Executive Schedule under section 5315 of title 5, 

3 United States Code, for each day (including travel 

4 time) during which the member is engaged in the ac5 tual performance of duties vested in the Commis6 sion. 

7 (2) CHAIRMAN.—The Chairman of the Commis8 sion shall be paid for each day referred to in para9 graph (1) at a rate equal to the daily equivalent of 

10 the minimum annual rate of basic pay payable for 

11 level III of the Executive Schedule under section 

12 5314, of title 5, United States Code. 

13 (3) TRAVEL EXPENSES.—Members of the Com14 mission shall receive travel expenses, including per 

15 diem in lieu of subsistence, in accordance with sec16 tions 5702 and 5703 of title 5, United States Code. 

17 (e) DIRECTOR AND STAFF.— 

18 (1) DIRECTOR.—The Commission shall appoint, 

19 without regard to section 5311 of title 5, United 

20 States Code, a Director who has not served on active 

21 duty in the Armed Forces or as a civilian employee 

22 of the Department during the 1-year period pre23 ceding the date of such appointment. The Director 

24 shall be paid at the rate of basic pay payable for 


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1 level IV of the Executive Schedule under section 

2 5315 of title 5, United States Code. 

3 (2) STAFF.—Subject to the approval of the 

4 Commission, the Director may appoint and fix the 

5 pay of additional staff personnel. The Director may 

6 make such appointments without regard to the pro7 vision of title 5, United States Code, governing ap8 pointments in the competitive service, and any per9 sonnel so appointment may be paid without regard 

10 to the provisions of chapter 51 and subchapter III 

11 of chapter 53 of that title relating to classification 

12 and General Schedule pay rates, except that an indi13 vidual so appointed may not receive pay in excess of 

14 the annual rate of basic pay payable for GS–15 of 

15 the General Schedule. 

16 (3) DETAILED PERSONNEL.—Upon the request 

17 of the Director, the head of any Federal department 

18 of agency may detail any of the personnel of that de19 partment or agency to the Commission to assist the 

20 Commission in carrying out its duties under this 

21 Act. The Comptroller General of the United States 

22 shall provide assistance, including the detailing of 

23 employees, to the Commission in accordance with an 

24 agreement entered into with the Commission. 

25 (4) STAFF RESTRICTIONS.— 


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1 (A) LIMITATIONS ON DETAILEES FROM

2 DEPARTMENT.—Of the personnel employed by 

3 or detailed to the Commission— 

4 (i) not more than one-third may be on 

5 detail from the Department; 

6 (ii) not more than one-fifth of the pro7 fessional analysts of the Commission staff 

8 may be on detail from the Department; 

9 and 

10 (iii) no person detailed from the De11 partment may be assigned as the lead pro12 fessional analyst with respect to a military 

13 department or Defense Agency. 

14 (B) CONFLICT OF INTEREST LIMITA15 TION.—A person may not be detailed from the 

16 Department to the Commission if, within 12 

17 months before the detail is to begin, that person 

18 participated personally and substantially in any 

19 matter within the Department concerning the 

20 preparation of recommendations for the consoli21 dation, closure, or realignment of military in22 stallations. 

23 (C) DUTY LIMITATIONS.—No member of 

24 the Armed Forces, and no officer or employee 

25 of the Department, may— 


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1 (i) prepare any report concerning the 

2 effectiveness, fitness, or efficiency of the 

3 performance on the staff of the Commis4 sion of any person detailed from the De5 partment to that staff; 

6 (ii) review the preparation of such a 

7 report; or 

8 (iii) approve or disapprove of such a 

9 report. 

10 (D) TIME PERIOD LIMITATIONS.—During 

11 the period beginning January 1, 2020, and end12 ing April 15, 2020, there may not be more than 

13 15 persons on the staff of the Commission at 

14 any one time, the staff may only perform such 

15 functions as are necessary to prepare for the 

16 termination of the Commission and transfer of 

17 all records to the Department or national ar18 chives. No member of the Armed Forces and no 

19 officer or employee of the Department may 

20 serve on the staff during this time. 

21 (5) STAFF-RELATED CERTIFICATION.—Not 

22 later than April 1, 2019, the Chairman of the Com23 mission shall certify to the Secretary and the con24 gressional defense committees whether the Commis25 sion has adequate staff to review the recommendaVerDate Sep 11 2014 21:49 Feb 06, 2017 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H753.IH H753

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1 tions to be submitted by the Secretary pursuant to 

2 section 8. 

3 (f) OTHER AUTHORITIES.—To the extent funds are 

4 available, the Commission may lease space, acquire per5 sonal property, and procure by contract the temporary or 

6 intermittent services of experts or consultants pursuant to 

7 section 3109 of title 5, United States Code. 

8 (g) FUNDING.— 

9 (1) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated to the Com11 mission such funds as are necessary to carry out its 

12 duties under this Act. Such funds shall remain avail13 able until expended. 

14 (2) TRANSFER AUTHORITY.—If no funds are 

15 appropriated to the Commission by the end of the 

16 second session of the 115th Congress, the Secretary 

17 may transfer to the Commission for purposes of its 

18 activities under this Act such funds as the Commis19 sion may require to carry out such activities. The 

20 Secretary may make such transfer from any funds 

21 available to the Secretary. Funds so transferred 

22 shall remain available to the Commission for such 

23 purpose until expended. 

24 (h) PROHIBITION AGAINST RESTRICTING COMMU25 NICATIONS.—Section 1034 of title 10, United States 


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1 Code, shall apply with respect to communications with the 

2 Commission. 

3 (i) TERMINATION.—The Commission shall terminate 

4 on April 15, 2020. 

5 SEC. 8. SECRETARY OF DEFENSE RECOMMENDATIONS FOR 

6 CONSOLIDATION, CLOSURE, OR REALIGN7 MENT OF MILITARY INSTALLATIONS. 

8 (a) CONDITIONAL APPLICABILITY.—This section 

9 shall apply only if— 

10 (1) the Secretary of Defense makes a certifi11 cation under section 3(e) that the need exists for a 

12 round for the selection of military installations for 

13 consolidation, closure, or realignment; 

14 (2) Congress does not enact a joint resolution 

15 described in section 4(b) during the period specified 

16 in section 4(a); and 

17 (3) the Chairman of the Commission certifies 

18 under section 7(e)(5) that the Commission has ade19 quate staff to review the recommendations to be sub20 mitted by the Secretary pursuant to this section. 

21 (b) PUBLICATION AND TRANSMITTAL OF REC22 OMMENDATIONS.— 

23 (1) IN GENERAL.—Subject to paragraph (2), 

24 the Secretary shall publish in the Federal Register, 

25 transmit to the congressional defense committees, 


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1 and transmit to the Commission a list of the mili2 tary installations inside the United States that the 

3 Secretary recommends for consolidation, closure, or 

4 realignment based on the force structure plan, infra5 structure inventory, and final selection criteria. 

6 (2) DEADLINE.—The publication and trans7 mittal shall occur before the later of the following: 

8 (A) April 15, 2019. 

9 (B) 14 days after the Chairman of the 

10 Commission makes the certification referred to 

11 in subsection (a)(3). 

12 (c) TRANSMITTAL OF ADDITIONAL MATERIALS.— 

13 Not later than seven days after the date of the transmittal 

14 of the list of recommendations under subsection (c), the 

15 Secretary shall transmit to the congressional defense com16 mittees and the Commission the following additional mate17 rials: 

18 (1) A summary of the selection process that re19 sulted in the recommendation for each military in20 stallation specified in the list of recommendations, 

21 including a justification for each recommendation 

22 based on the final selection criteria. 

23 (2) An estimate of the cost and potential sav24 ings of each recommendation. 


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1 (3) Standard rules to calculate annual recurring 

2 savings for manpower base operating costs, utility 

3 costs, base closure guarantees, service-sharing agree4 ments, and other installation support activities that 

5 the Secretary will use in the determination of the 

6 savings derived from a recommendation. 

7 (d) AVAILABILITY OF INFORMATION.—In addition to 

8 making all information used by the Secretary to prepare 

9 the recommendations under this section available to Con10 gress (including any committee or Member of Congress), 

11 the Secretary shall also make such information available 

12 to the Commission, the Comptroller General of the United 

13 States, and the public by means of the Internet or another 

14 electronic format. This information shall include, but is 

15 not limited to unclassified assessment data on the current 

16 condition of facilities and infrastructure, an environmental 

17 baseline of known or contamination and remediation ac18 tivities, and standard rules used to calculate annual recur19 ring savings. 

20 (e) CERTIFICATION OF ACCURACY AND COMPLETE21 NESS OF INFORMATION.—When submitting information to 

22 the Secretary or the Commission concerning the rec23 ommended consolidation, closure, or realignment of a mili24 tary installation, the following individuals shall certify that 


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1 such information is accurate and complete to the best of 

2 that person’s knowledge and belief: 

3 (1) The Secretaries of the military departments. 

4 (2) The heads of the Defense Agencies. 

5 (3) Each person whose duties include personal 

6 and substantial involvement in the preparation and 

7 submission of information and recommendations 

8 concerning the consolidation, closure, or realignment 

9 of military installations, as designated in regulations 

10 which the Secretary shall prescribe, regulations 

11 which the Secretary of each military department 

12 shall prescribe for personnel within that military de13 partment, or regulations which the head of each De14 fense Agency shall prescribe for personnel within 

15 that Defense Agency. 

16 (f) PUBLIC AVAILABILITY OF INFORMATION AND

17 SUBMISSION TO CONGRESS.—Any information provided to 

18 the Commission by a person described in subsection (d) 

19 shall also be made available for the public record and be 

20 submitted in written form to the Senate and the House 

21 of Representatives to be made available to Members of the 

22 House concerned in accordance with the rules of that 

23 House. The information shall be submitted to the Senate 

24 and the House of Representatives within 48 hours after 

25 the submission of the information to the Commission. 


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1 SEC. 9. COMMISSION REVIEW OF SECRETARY OF DEFENSE 

2 RECOMMENDATIONS FOR CONSOLIDATION, 

3 CLOSURE, OR REALIGNMENT OF MILITARY 

4 INSTALLATIONS. 

5 (a) PUBLIC HEARINGS AND TESTIMONY.—After re6 ceiving the recommendations from the Secretary of De7 fense for the consolidation, closure, and realignment of 

8 military installations pursuant to section 8, the Commis9 sion shall conduct public hearings on the recommenda10 tions. All testimony before the Commission at a public 

11 hearing conducted under this subsection shall be presented 

12 under oath. 

13 (b) OPEN MEETINGS.—The Commission shall meet 

14 only during calendar year 2019, and each meeting, other 

15 than meetings in which classified information is to be dis16 cussed, shall be open to the public. All the proceedings, 

17 information, and deliberations of the Commission shall be 

18 open, upon request, to the following: 

19 (1) The chairmen and ranking members of the 

20 Committees on Armed Services of the Senate and 

21 the House of Representatives, or such other mem22 bers of the committees designated by such chairmen 

23 or ranking members. 

24 (2) The chairmen and ranking members of the 

25 Subcommittees on Military Construction, Veterans 

26 Affairs, and Related Agencies of the Committees on 


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1 Appropriations of the Senate and the House of Rep2 resentatives, or such other members of the sub3 committees designated by such chairmen or ranking 

4 members. 

5 (3) The chairmen and ranking members of the 

6 Subcommittees on Defense of the Committees on 

7 Appropriations of the Senate and the House of Rep8 resentatives, or such other members of the sub9 committees designated by such chairmen or ranking 

10 members. 

11 (c) COMPTROLLER GENERAL REVIEW AND ASSIST12 ANCE.— 

13 (1) ASSISTANCE.—The Comptroller General of 

14 the United States shall assist the Commission, to 

15 the extent requested, in the Commission’s review of 

16 the recommendations submitted by the Secretary of 

17 Defense pursuant to section 8. 

18 (2) REVIEW.—Not later than 45 days after the 

19 date on which the Secretary transmits the rec20 ommendations to the Commission pursuant to sub21 section 8(b), the Comptroller General shall transmit 

22 to Congress and to the Commission a report con23 taining a detailed analysis of the Secretary’s rec24 ommendations, selection process, and standard rules 

25 to calculate annual recurring savings. 


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1 (d) REPORT TO PRESIDENT.— 

2 (1) REPORT REQUIRED; CONTENT.—Subject to 

3 paragraph (2), the Commission shall transmit to the 

4 President a report containing— 

5 (A) the findings and conclusions of the 

6 Commission based on its review of the rec7 ommendations made by the Secretary pursuant 

8 to section 8; 

9 (B) the recommendations of the Commis10 sion for the consolidation, closure, and realign11 ment of military installations inside the United 

12 States; and 

13 (C) an explanation and justification of 

14 each recommendation made by the Commission 

15 that is different from the Secretary pursuant to 

16 subsection (e). 

17 (2) DEADLINE.—The report of the Commission 

18 shall be transmitted before the later of the following: 

19 (A) October 1, 2019. 

20 (B) 180 days after the date on which the 

21 Secretary transmits the recommendations to the 

22 Commission pursuant to subsection 8(b). 

23 (3) AVAILABILITY.—The report of the Commis24 sion also shall be made available to Congress and 

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1 tronic format on the same date on which the Com2 mission transmits the report to the President. 

3 (e) CHANGES TO THE SECRETARY’S RECOMMENDA4 TIONS.—In making its recommendations under this sec5 tion, the Commission may make changes, subject to sub6 section (f), in any of the recommendations made by the 

7 Secretary if the Commission determines that— 

8 (1) the Secretary deviated substantially from 

9 the force structure plan or the final selection criteria 

10 in making the recommendation; or 

11 (2) a recommendation made by the Secretary 

12 was justified by assessment data— 

13 (A) that the Commission determines to be 

14 invalid; and 

15 (B) that, if corrected, the Commission de16 termines would significantly impact the military 

17 value or potential costs and savings of the rec18 ommendation. 

19 (f) PROCESS FOR MAKING CHANGES.— 

20 (1) THRESHOLD FOR CONSIDERATION.—The 

21 Commission may not consider making a change in 

22 the recommendations of the Secretary that would 

23 add or remove a military installation to the Sec24 retary’s list of recommendations unless— 


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1 (A) the Commission provides the Secretary 

2 with at least a 15-day period, before making 

3 the change, in which to submit an explanation 

4 of the reasons why— 

5 (i) in the case of considering a mili6 tary installation for addition, the installa7 tion was not included on the consolidation, 

8 closure, or realignment list by the Sec9 retary; or 

10 (ii) in the case of considering a mili11 tary installation for removal, the installa12 tion was included on the consolidation, clo13 sure, or realignment list by the Secretary; 

14 and 

15 (B) the decision to add or remove the in16 stallation for Commission consideration is sup17 ported by at least seven members of the Com18 mission. 

19 (2) REMOVAL OR REDUCTION.—In addition to 

20 complying with the requirements of subsection (e), 

21 the Commission may remove a military installation 

22 from the list of recommendations made by the Sec23 retary, or decrease the extent of a realignment pro24 posed by a particular recommendation, only if the 

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1 ported by a simple majority of the members of the 

2 Commission. 

3 (3) ADDITION OR INCREASE.—In addition to 

4 complying with the requirements of subsection (e), 

5 the Commission may add a military installation to 

6 the list of recommendations made by the Secretary, 

7 or increase the extent of a realignment proposed by 

8 a particular recommendation, only if— 

9 (A) the Commission— 

10 (i) determines that the change is con11 sistent with the force structure plan, infra12 structure inventory, and final selection cri13 teria; 

14 (ii) publishes a notice of the proposed 

15 change in the Federal Register not less 

16 than 45 days before transmitting its rec17 ommendations to the President pursuant 

18 to subsection (d); and 

19 (iii) conducts public hearings on the 

20 proposed change; 

21 (B) at least two Members of the Commis22 sion visit the military installation before the 

23 date of the transmittal of the report pursuant 

24 to subsection (c); and 


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1 (C) the decision of the Commission to 

2 make the change is supported by at least seven 

3 members of the Commission. 

4 (4) COST ESTIMATE REQUIRED.—For each 

5 change made by the Commission in the rec6 ommendations of the Secretary, the Commission, in 

7 coordination with the Secretary, shall provide an up8 dated estimated costs to complete the recommended 

9 consolidation, closure, or realignment action and po10 tential savings of the recommendation. 

11 (g) RESPONSIBILITY TO RECUSE.— 

12 (1) IN GENERAL.—A member of the Commis13 sion shall recuse himself or herself from consider14 ation of a matter before the Commission— 

15 (A) in accordance with section 208 of title 

16 18, United States Code; and 

17 (B) in addition, in the event that the mem18 ber is concerned that other circumstances would 

19 raise a question regarding the legitimacy and 

20 impartiality of the final recommendations of the 

21 Commission. 

22 (2) EXTENT OF RECUSAL.—In recusing himself 

23 or herself from consideration of a matter before the 

24 Commission, the member shall not participate in the 

25 deliberations on, or vote regarding, such a matter. 


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1 SEC. 10. PRESIDENTIAL REVIEW OF COMMISSION REC2 OMMENDATIONS FOR CONSOLIDATION, CLO3 SURE, OR REALIGNMENT OF MILITARY IN4 STALLATIONS. 

5 (a) APPROVAL OR DISAPPROVAL.— 

6 (1) IN GENERAL.—Subject to paragraph (2), 

7 following receipt of the report of the Commission re8 quired by section 9, the President shall transmit to 

9 the Commission and to Congress a report containing 

10 the President’s approval or disapproval of the rec11 ommendations of the Commission for the consolida12 tion, closure, or realignment of military installations. 

13 (2) DEADLINE.—The report of the President 

14 shall be transmitted before the later of the following: 

15 (A) October 15, 2019. 

16 (B) 14 days after the date on which the 

17 Commission transmits its recommendations to 

18 the President pursuant to section 9(d). 

19 (b) EFFECT OF APPROVAL.—It the President ap20 proves all the recommendations of the Commission, the 

21 report of the President to Congress under subsection (a) 

22 shall include— 

23 (1) a copy of the Commission’s recommenda24 tions; and 

25 (2) a certification of such approval. 


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1 (c) EFFECT OF DISAPPROVAL.—If the President dis2 approves the recommendations of the Commission, in 

3 whole or in part, the report of the President under sub4 section (a) shall include— 

5 (1) the reasons for disapproval; and 

6 (2) a certification of such disapproval. 

7 (d) REVISION.— 

8 (1) OPPORTUNITY TO REVISE.—If the President 

9 disapproves the recommendations of the Commis10 sion, the Commission shall transmit to the President 

11 a revised list of recommendations for the consolida12 tion, closure, and realignment of military installa13 tions before the later of the following: 

14 (A) November 30, 2019. 

15 (B) 30 days after the date on which the 

16 President transmits the disapproval. 

17 (2) EFFECT OF APPROVAL.—If the President 

18 approves all of the revised recommendations of the 

19 Commission transmitted to the President under 

20 paragraph (1), the President shall transmit to the 

21 Commission and to Congress a report containing— 

22 (A) a copy of the revised recommendations; 

23 and 

24 (B) a certification of such approval. 


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1 (3) TERMINATION.—If the President does not 

2 transmit to Congress the report described in para3 graph (2) by December 31, 2019, the process by 

4 which military installations may be selected for con5 solidation, closure, or realignment under this Act 

6 shall be terminated. 

7 SEC. 11. PROHIBITION ON IMPLEMENTATION OF REC8 OMMENDATIONS PENDING CONGRESSIONAL 

9 REVIEW. 

10 (a) OPPORTUNITY FOR CONGRESSIONAL REVIEW.— 

11 Unless Congress enacts a joint resolution described in sub12 section (b), the Secretary of Defense may begin to take 

13 the implementation actions described in section 12 after 

14 the end of a 45-day period beginning on the date on which 

15 the President submits to the Commission and Congress 

16 a report containing an approval and certification pursuant 

17 to section 10, or the adjournment of Congress sine die 

18 for the session in which the report is transmitted, which19 ever is earlier. 

20 (b) EFFECT OF PASSAGE OF A JOINT RESOLUTION

21 OF DISAPPROVAL.—If a joint resolution disapproving of 

22 the recommendations of the Commission submitted by the 

23 President in a report pursuant to section 10 is enacted 

24 by Congress not later than 45 days after the date of the 

25 transmission of the report, then the Secretary may not 


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1 carry out any consolidation, closure, or realignment rec2 ommended by the Commission in the report transmitted 

3 by the President. 

4 SEC. 12. IMPLEMENTATION. 

5 (a) IN GENERAL.—Subject to section 11, the Sec6 retary shall— 

7 (1) close all military installations recommended 

8 for closure by the Commission in the report trans9 mitted to the Congress by the President pursuant to 

10 section 10; 

11 (2) realign all military installations rec12 ommended for realignment by the Commission in the 

13 report; 

14 (3) initiate all such closures and realignments 

15 no later than two years after the date on which the 

16 President transmits the report to the Congress that 

17 contains the recommendations for such closures or 

18 realignments; 

19 (4) complete all such closures and realignments 

20 no later than the end of the 5-year period beginning 

21 on the date on which the President transmits the re22 port containing the recommendations for such clo23 sures or realignments; and 

24 (5) develop a schedule and plan for the imple25 mentation of the actions required by the preceding 


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1 paragraphs in a manner that is suitable for reuse, 

2 minimizes the time required to dispose of excess and 

3 surplus real property and maximizes efficiency and 

4 return on investment. 

5 (b) ACTIONS TO BE TAKEN.— 

6 (1) In closing or realigning any military instal7 lation under this Act, the Secretary may take such 

8 actions as may be necessary for each approved rec9 ommendation to close or realign a military installa10 tion, including the acquisition of such land, the con11 struction of such replacement facilities, the perform12 ance of such activities, and the conduct of such ad13 vance planning and design as may be required to 

14 transfer the functions from a military installation 

15 being closed or realigned to another military installa16 tion, and may use for such purposes funds in the 

17 Account or funds appropriated to the Department of 

18 Defense for use in planning and design, minor con19 struction, or operation and maintenance. 

20 (2) Except as provided in section 14(c), in car21 rying out any closure or realignment action under 

22 this Act, the Secretary may not exceed, by more 

23 than 25 percent, the total cost specified for such clo24 sure or realignment action in the report transmitted 


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1 by the Commission to the President pursuant to sec2 tion 9(d). 

3 (3) In closing or realigning any military instal4 lation under this Act, the Secretary may provide eco5 nomic adjustment assistance to any community lo6 cated near a military installation being closed or re7 aligned, and community planning assistance to any 

8 community located near a military installation to 

9 which functions will be transferred as a result of the 

10 consolidation, closure, or realignment of a military 

11 installation, if the Secretary determines that the fi12 nancial resources available to the community (by 

13 grant or otherwise) for such purposes are inad14 equate, and may use for such purposes funds in the 

15 Account or funds appropriated to the Department of 

16 Defense for economic adjustment assistance or com17 munity planning assistance. 

18 (4) In closing or realigning any military instal19 lation under this Act, the Secretary may carry out 

20 activities for the purposes of environmental restora21 tion and mitigation at any such installation, and 

22 shall use for such purposes funds both appropriated 

23 to the Account (reference) and funds deposited in 

24 the Account from the proceeds of the lease, transfer, 

25 or disposal of any property at a military installation 


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1 that is consolidated, closed, or realigned under this 

2 Act. The Secretary shall ensure that environmental 

3 restoration of any property made excess to the needs 

4 of the Department of Defense as a result of such 

5 consolidation, closure, or realignment be carried out 

6 as soon as possible to expedite the ability of the re7 development authority to carry out its redevelopment 

8 plan for the property. 

9 (5) In closing or realigning any military instal10 lation under this Act, the Secretary may provide 

11 outplacement assistance to civilian employees em12 ployed by the Department of Defense at military in13 stallations being closed or realigned, an may use for 

14 such purposes funds in the Account or funds appro15 priated to the Department of Defense for outplace16 ment assistance to employees. 

17 (6) In closing or realigning any military instal18 lation under this Act, the Secretary may reimburse 

19 other Federal agencies for actions performed at the 

20 request of the Secretary with respect to any such 

21 consolidation, closure, or realignment, and may use 

22 for such purposes funds in the Account of funds ap23 propriated to the Department of Defense and avail24 able for such purpose. 


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1 SEC. 13. MANAGEMENT AND DISPOSAL OF PROPERTY. 

2 (a) ESTABLISHMENT OF A SINGLE PROPERTY DIS3 POSAL AGENCY.—The Secretary shall establish a new 

4 Field Activity to act as the executive agent for the man5 agement and disposal of real property made excess to the 

6 needs of the Department in carrying out the actions de7 scribed in section 12. The staff of this Field Activity may 

8 consist of persons detailed to the field activity by the Army 

9 Corps of Engineers, Naval Facilities Engineering Com10 mand, the Air Force Installation and Mission Support 

11 Center, and other Federal departments or agencies to as12 sist in carrying out the Field Activities duties under this 

13 Act. 

14 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.— 

15 (1) The Administrator of General Services shall 

16 delegate to the Secretary of Defense, with respect to 

17 excess and surplus real property, facilities, and per18 sonal property located at a military installation 

19 closed or realigned under this Act— 

20 (A) the authority of the Administrator to 

21 utilize excess property under subchapter II of 

22 chapter 5 of title 40, United States Code; 

23 (B) the authority of the Administrator to 

24 dispose of surplus property under subchapter 

25 III of chapter 5 of title 40, United States Code; 


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1 (C) the authority to dispose of surplus 

2 property for public airports under sections 

3 47151 through 47153 of title 49, United States 

4 Code; and 

5 (D) the authority of the Administrator to 

6 determine the availability of excess or surplus 

7 real property for wildlife conservation purposes 

8 in accordance with the Act of May 19, 1948 

9 (16 U.S.C. 667b). 

10 (2)(A) Subject to subparagraph (B) and para11 graphs (3), (4), (5), and (6), the Secretary of De12 fense shall exercise the authority delegated to the 

13 Secretary pursuant to paragraph (1) in accordance 

14 with— 

15 (i) all regulations governing the utilization 

16 of excess property and the disposal of surplus 

17 property under subtitle I of title 40, United 

18 States Code; and 

19 (ii) all regulations governing the convey20 ance and disposal of property under section 

21 13(g) of the Surplus Property Act of 1944 (50 

22 U.S.C. App. 1622(g)). 

23 (B) The Secretary may, with the concurrence of 

24 the Administrator of General Services— 


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1 (i) prescribe general policies and methods 

2 for utilizing excess property and disposing of 

3 surplus property pursuant to the authority dele4 gated under paragraph (1); and 

5 (ii) issue regulations relating to such poli6 cies and methods, which shall supersede the 

7 regulations referred to in subparagraph (A) 

8 with respect to that authority. 

9 (C) The Secretary of Defense may transfer real 

10 property or facilities located at a military installa11 tion to be closed or realigned under this Act, with 

12 or without reimbursement, to a military department 

13 or other entity (including a nonappropriated fund in14 strumentality) within the Department of Defense or 

15 the Coast Guard. 

16 (D) Before any action may be taken with re17 spect to the disposal of any surplus real property or 

18 facility located at any military installation to be 

19 closed or realigned under this Act, the Secretary of 

20 Defense shall consult with the Governor of the State 

21 and the heads of the local governments concerned 

22 for the purpose of considering any plan for the use 

23 of such property by the local community concerned. 

24 (E) If a military installation to be closed, re25 aligned, or placed in an inactive status under this 


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1 Act includes a road used for public access through, 

2 into, or around the installation, the Secretary of De3 fense shall consult with the Governor of the State 

4 and the heads of the local governments concerned or 

5 the purpose of considering the continued availability 

6 of the road for public use after the installation is 

7 closed, realigned, or placed in an inactive status. 

8 (3)(A) Not later than 6 months after the date 

9 of approval of the consolidation, closure, or realign10 ment of a military installation under this Act, the 

11 Secretary, in consultation with the redevelopment 

12 authority with respect to the installation, shall— 

13 (i) inventory the personal property located 

14 at the installation; and 

15 (ii) identify the items (or categories of 

16 items) of such personal property that the Sec17 retary determines to be related to real property 

18 and anticipates will support the implementation 

19 of the redevelopment plan with respect to the 

20 installation. 

21 (B) If no redevelopment authority referred to in 

22 subparagraph (A) exists with respect to an installa23 tion, the Secretary shall consult with— 

24 (i) the local government in whose jurisdic25 tion the installation is wholly located; or 


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1 (ii) a local government agency or State 

2 government agency designated for the purpose 

3 of such consultation by the chief executive offi4 cer of the State in which the installation is lo5 cated. 

6 (C)(i) Except as provided in subparagraphs (E) 

7 and (F), the Secretary may not carry out any of the 

8 activities referred to in clause (ii) with respect to an 

9 installation referred to in that clause until the ear10 lier of— 

11 (I) one week after the date on which the 

12 redevelopment plan for the installation is sub13 mitted to the Secretary; 

14 (II) the date on which the redevelopment 

15 authority notifies the Secretary that it will not 

16 submit such a plan; 

17 (III) twenty-four months after the date of 

18 approval of the consolidation, closure, or re19 alignment of the installation; or 

20 (IV) ninety days before the date of the 

21 consolidation, closure, or realignment of the in22 stallation. 

23 (ii) The activities referred to in clause (i) are 

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1 alignment of an installation to be closed or realigned 

2 under this Act as follows: 

3 (I) The transfer from the installation of 

4 items of personal property at the installation 

5 identified in accordance with subparagraph (A). 

6 (II) The reduction in maintenance and re7 pair of facilities or equipment located at the in8 stallation below the minimum levels required to 

9 support the use of such facilities or equipment 

10 for nonmilitary purposes. 

11 (D) Except as provided in paragraph (4), the 

12 Secretary may not transfer items of personal prop13 erty located at an installation to be closed or re14 aligned under this Act to another installation, or dis15 pose of such items, if such items are identified in the 

16 redevelopment plan for the installation as items es17 sential to the reuse or redevelopment of the installa18 tion. In connection with the development of the rede19 velopment plan for the installation, the Secretary 

20 shall consult with the entity responsible for devel21 oping the redevelopment plan to identify the items of 

22 personal property located at the installation, if any, 

23 that the entity desires to be retained at the installa24 tion for reuse or redevelopment of the installation. 


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1 (E) This paragraph shall not apply to any per2 sonal property located at an installation to be closed 

3 or realigned under this Act if the property— 

4 (i) is required for the operation of a unit, 

5 function, component, weapon, or weapons sys6 tem at another installation; 

7 (ii) is uniquely military in character, and is 

8 likely to have no civilian use (other than use for 

9 its material content or as a source of commonly 

10 used components); 

11 (iii) is not required for the reutilization or 

12 redevelopment of the installation (as jointly de13 termined by the Secretary and the redevelop14 ment authority); 

15 (iv) is stored at the installation for pur16 poses of distribution (including spare parts or 

17 stock items); or 

18 (v)(I) meets known requirements of an au19 thorized program of another Federal depart20 ment or agency for which expenditures for simi21 lar property would be necessary; and 

22 (II) is the subject of a written request by 

23 the head of the department or agency. 

24 (F) Notwithstanding subparagraphs (C)(i) and 

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1 ferred to in subparagraph (C)(ii) or (D) if the Sec2 retary determines that the carrying out of such ac3 tivity is in the national security interest of the 

4 United States. 

5 (4)(A) The Secretary may transfer real prop6 erty and personal property located at a military in7 stallation to be closed or realigned under this Act to 

8 the redevelopment authority with respect to the in9 stallation for purposes of job generation on the in10 stallation. 

11 (B) The Secretary may transfer real property 

12 and personal property located at a military installa13 tion to be closed or realigned under this Act that is 

14 subject to a ground lease to a military housing pri15 vatization partner established pursuant to the Mili16 tary Housing Privatization Initiative under sub17 chapter IV of chapter 169 of title 10, United States 

18 Code, to the lessee under such ground lease. 

19 (C) The transfer of property located at a mili20 tary installation under subparagraph (A) or sub21 paragraph (B) may be for consideration at or below 

22 the estimated fair market value or without consider23 ation. In determining the amount of consideration to 

24 be required, the Secretary shall make a good faith 

25 effort to ensure that the conveyance of the property 


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1 achieves an economical and appropriate outcome for 

2 the Department, considering the operations and 

3 maintenance costs for the Department to continue 

4 the carry the property on its records and the ability 

5 to help the redevelopment authority implement its 

6 approved redevelopment plan. The determination of 

7 such consideration may account for the economic 

8 conditions of the local affected community and the 

9 estimated costs to redevelop the property. The Sec10 retary may accept, as consideration, a share of the 

11 revenues that the redevelopment authority receives 

12 from third-party buyers or lessees from sales and 

13 long-term leases of the conveyed property, a portion 

14 of the profits obtained over time from the develop15 ment of the conveyed property, consideration in-kind 

16 (including goods and services), real property and im17 provements, or such other consideration as the Sec18 retary considers appropriate. The transfer of prop19 erty located at a military installation under subpara20 graph (A) may be made for consideration below the 

21 estimated fair market value or without consideration 

22 only if the redevelopment authority with respect to 

23 the installation— 

24 (i) agrees that the proceeds from any sale 

25 or lease of the property (or any portion thereof) 


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1 received by the redevelopment authority during 

2 at least the first seven years after the date of 

3 the initial transfer of property under subpara4 graph (A) shall be used to support the economic 

5 redevelopment of, or related to, the installation; 

6 and 

7 (ii) executes the agreement for transfer of 

8 the property and accepts control of the property 

9 within a reasonable time after the date of the 

10 property disposal record of decision or finding 

11 of no significant impact under the National En12 vironmental Policy Act of 1969 (42 U.S.C. 

13 4321 et seq.). 

14 (D) For purposes of subparagraph (B)(i), the 

15 use of proceeds from a sale or lease described in 

16 such subparagraph to pay for, or offset the costs of, 

17 public investment on or related to the installation 

18 for any of the following purposes shall be considered 

19 a use to support the economic redevelopment of, or 

20 related to, the installation: 

21 (i) Road construction. 

22 (ii) Transportation management facilities. 

23 (iii) Storm and sanitary sewer construc24 tion. 


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1 (iv) Police and fire protection facilities and 

2 other public facilities. 

3 (v) Utility construction. 

4 (vi) Building rehabilitation. 

5 (vii) Historic property preservation. 

6 (viii) Pollution prevention equipment or fa7 cilities. 

8 (ix) Demolition. 

9 (x) Disposal of hazardous materials gen10 erated by demolition. 

11 (xi) Landscaping, grading, and other site 

12 or public improvements. 

13 (xii) Planning for or the marketing of the 

14 development and reuse of the installation. 

15 (E) The Secretary may recoup from a redevel16 opment authority such portion of the proceeds from 

17 a sale or lease described in subparagraph (B) as the 

18 Secretary determines appropriate if the redevelop19 ment authority does not use the proceeds to support 

20 economic redevelopment of, or related to, the instal21 lation for the period specified in subparagraph (B). 

22 (F)(i) The Secretary may transfer real property 

23 at an installation approved for consolidation, closure, 

24 or realignment under this Act (including property at 

25 an installation approved for realignment which will 


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1 be retained by the Department of Defense or an2 other Federal agency after realignment) to the rede3 velopment authority for the installation if the rede4 velopment authority agrees to lease, directly upon 

5 transfer, one or more portions of the property trans6 ferred under this subparagraph to the Secretary or 

7 to the head of another department or agency of the 

8 Federal Government. Subparagraph (B) shall apply 

9 to a transfer under this subparagraph. 

10 (ii) A lease under clause (i) shall be for a term 

11 of not to exceed 50 years, but may provide for op12 tions for renewal or extension of the term by the de13 partment or agency concerned. 

14 (iii) A lease under clause (i) may not require 

15 rental payments by the United States. 

16 (iv) A lease under clause (i) shall include a pro17 vision specifying that if the department or agency 

18 concerned ceases requiring the use of the leased 

19 property before the expiration of the term of the 

20 lease, the remainder of the lease term may be satis21 fied by the same or another department or agency 

22 of the Federal Government using the property for a 

23 use similar to the use under the lease. Exercise of 

24 the authority provided by this clause shall be made 


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1 in consultation with the redevelopment authority 

2 concerned. 

3 (v) Notwithstanding clause (iii), if a lease under 

4 clause (i) involves a substantial portion of the instal5 lation, the department or agency concerned may ob6 tain facility services for the leased property and 

7 common area maintenance from the redevelopment 

8 authority or the redevelopment authority’s assignee 

9 as a provision of the lease. The facility services and 

10 common area maintenance shall be provided at a 

11 rate no higher than the rate charged to non-Federal 

12 tenants of the transferred property. Facility services 

13 and common area maintenance covered by the lease 

14 shall not include— 

15 (I) municipal services that a State or local 

16 government is required by law to provide to all 

17 landowners in its jurisdiction without direct 

18 charge; or 

19 (II) firefighting or security guard func20 tions. 

21 (G) The transfer of personal property under 

22 subparagraph (A) shall not be subject to the provi23 sions of subchapters II and III of chapter 5 of title 

24 40, United States Code, if the Secretary determines 

25 that the transfer of such property is necessary for 


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1 the effective implementation of a redevelopment plan 

2 with respect to the installation at which such prop3 erty is located. 

4 (H) The provisions of section 120(h) of the 

5 Comprehensive Environmental Response, Compensa6 tion, and Liability Act of 1980 (42 U.S.C. 9620(h)) 

7 shall apply to any transfer of real property under 

8 this paragraph. 

9 (I) The Secretary may require any additional 

10 terms and conditions in connection with a transfer 

11 under this paragraph as such Secretary considers 

12 appropriate to protect the interests of the United 

13 States. 

14 (5)(A) Except as provided in subparagraphs 

15 (B) and (C), the Secretary shall take such actions 

16 as the Secretary determines necessary to ensure that 

17 final determinations under paragraph (1) regarding 

18 whether another department or agency of the Fed19 eral Government has identified a use for any portion 

20 of a military installation to be closed or realigned 

21 under this Act, or will accept transfer of any portion 

22 of such installation, are made not later than 6 

23 months after the date of approval of the consolida24 tion, closure, or realignment of that installation. 


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1 (B) The Secretary may, in consultation with the 

2 redevelopment authority with respect to an installa3 tion, postpone making the final determinations re4 ferred to in subparagraph (A) with respect to the in5 stallation for such period as the Secretary deter6 mines appropriate if the Secretary determines that 

7 such postponement is in the best interests of the 

8 communities affected by the consolidation, closure, 

9 or realignment of the installation. 

10 (C)(i) Before acquiring non-Federal real prop11 erty as the location for a new or replacement Fed12 eral facility of any type, the head of the Federal 

13 agency acquiring the property shall consult with the 

14 Secretary regarding the feasibility and cost advan15 tages of using Federal property or facilities at a 

16 military installation closed or realigned or to be 

17 closed or realigned under this Act as the location for 

18 the new or replacement facility. In considering the 

19 availability and suitability of a specific military in20 stallation, the Secretary and the head of the Federal 

21 agency involved shall obtain the concurrence of the 

22 redevelopment authority with respect to the installa23 tion and comply with the redevelopment plan for the 

24 installation. 


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1 (ii) Not later than 30 days after acquiring non2 Federal real property as the location for a new or 

3 replacement Federal facility, the head of the Federal 

4 agency acquiring the property shall submit to Con5 gress a report containing the results of the consulta6 tion under clause (i) and the reasons why military 

7 installations referred to in such clause that are lo8 cated within the area to be served by the new or re9 placement Federal facility or within a 200-mile ra10 dius of the new or replacement facility, whichever 

11 area is greater, were considered to be unsuitable or 

12 unavailable for the site of the new or replacement fa13 cility. 

14 (6)(A) The disposal of buildings and property 

15 located at installations approved consolidation, clo16 sure, or realignment under this title shall be carried 

17 out in accordance with this paragraph. 

18 (B)(i) Not later than the date on which the 

19 Secretary of Defense completes the final determina20 tions referred to in paragraph (5) relating to the use 

21 or transferability of any portion of an installation 

22 covered by this paragraph, the Secretary shall— 

23 (I) identify the buildings and property at 

24 the installation for which the Department of 

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1 ment or agency of the Federal Government has 

2 identified a use, or of which another depart3 ment or agency will accept a transfer; 

4 (II) take such actions as are necessary to 

5 identify any building or property at the installa6 tion not identified under subclause (I) that is 

7 excess property or surplus property; 

8 (III) submit to the Secretary of Housing 

9 and Urban Development and to the redevelop10 ment authority for the installation (or the chief 

11 executive officer of the State in which the in12 stallation is located if there is no redevelopment 

13 authority for the installation at the completion 

14 of the determination described in the stem of 

15 this sentence) information on any building or 

16 property that is identified under subclause (II); 

17 and 

18 (IV) publish in the Federal Register and in 

19 a newspaper of general circulation in the com20 munities in the vicinity of the installation infor21 mation on the buildings and property identified 

22 under subclause (II). 

23 (ii) Upon the recognition of a redevelopment 

24 authority for an installation covered by this para25 graph, the Secretary of Defense shall publish in the 


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1 Federal Register and in a newspaper of general cir2 culation in the communities in the vicinity of the in3 stallation information on the redevelopment author4 ity. 

5 (C)(i) State and local governments, representa6 tives of the homeless, and other interested parties lo7 cated in the communities in the vicinity of an instal8 lation covered by this paragraph shall submit to the 

9 redevelopment authority for the installation a notice 

10 of the interest, if any, of such governments, rep11 resentatives, and parties in the buildings or prop12 erty, or any portion thereof, at the installation that 

13 are identified under subparagraph (B)(i)(II). A no14 tice of interest under this clause shall describe the 

15 need of the government, representative, or party 

16 concerned for the buildings or property covered by 

17 the notice. 

18 (ii) The redevelopment authority for an installa19 tion shall assist the governments, representatives, 

20 and parties referred to in clause (i) in evaluating 

21 buildings and property at the installation for pur22 poses of this subparagraph. 

23 (iii) In providing assistance under clause (ii), a 

24 redevelopment authority shall— 


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1 (I) consult with representatives of the 

2 homeless in the communities in the vicinity of 

3 the installation concerned; and 

4 (II) undertake outreach efforts to provide 

5 information on the buildings and property to 

6 representatives of the homeless, and to other 

7 persons or entities interested in assisting the 

8 homeless, in such communities. 

9 (iv) It is the sense of Congress that redevelop10 ment authorities should begin to conduct outreach 

11 efforts under clause (iii)(II) with respect to an in12 stallation as soon as is practicable after the date of 

13 approval of closure or realignment of the installa14 tion. 

15 (D)(i) State and local governments, representa16 tives of the homeless, and other interested parties 

17 shall submit a notice of interest to a redevelopment 

18 authority under subparagraph (C) not later than the 

19 date specified for such notice by the redevelopment 

20 authority. 

21 (ii) The date specified under clause (i) shall 

22 be— 

23 (I) in the case of an installation for which 

24 a redevelopment authority has been recognized 

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1 minations referred to in paragraph (5), not ear2 lier than 3 months and not later than 6 months 

3 after the date of publication of such determina4 tion in a newspaper of general circulation in the 

5 communities in the vicinity of the installation 

6 under subparagraph (B)(i)(IV); and 

7 (II) in the case of an installation for which 

8 a redevelopment authority is not recognized as 

9 of such date, not earlier than 3 months and not 

10 later than 6 months after the date of the rec11 ognition of a redevelopment authority for the 

12 installation. 

13 (iii) Upon specifying a date for an installation 

14 under this subparagraph, the redevelopment author15 ity for the installation shall— 

16 (I) publish the date specified in a news17 paper of general circulation in the communities 

18 in the vicinity of the installation concerned; and 

19 (II) notify the Secretary of Defense of the 

20 date. 

21 (E)(i) In submitting to a redevelopment author22 ity under subparagraph (C) a notice of interest in 

23 the use of buildings or property at an installation to 

24 assist the homeless, a representative of the homeless 

25 shall submit the following: 


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1 (I) A description of the homeless assist2 ance program that the representative proposes 

3 to carry out at the installation. 

4 (II) An assessment of the need for the pro5 gram. 

6 (III) A description of the extent to which 

7 the program is or will be coordinated with other 

8 homeless assistance programs in the commu9 nities in the vicinity of the installation. 

10 (IV) A description of the buildings and 

11 property at the installation that are necessary 

12 in order to carry out the program. 

13 (V) A description of the financial plan, the 

14 organization, and the organizational capacity of 

15 the representative to carry out the program. 

16 (VI) An assessment of the time required in 

17 order to commence carrying out the program. 

18 (ii) A redevelopment authority may not release 

19 to the public any information submitted to the rede20 velopment authority under clause (i)(V) without the 

21 consent of the representative of the homeless con22 cerned unless such release is authorized under Fed23 eral law and under the law of the State and commu24 nities in which the installation concerned is located. 


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1 (F)(i) The redevelopment authority for each in2 stallation covered by this paragraph shall prepare a 

3 redevelopment plan for the installation. The redevel4 opment authority shall, in preparing the plan, con5 sider the interests in the use to assist the homeless 

6 of the buildings and property at the installation that 

7 are expressed in the notices submitted to the rede8 velopment authority under subparagraph (C). 

9 (ii)(I) In connection with a redevelopment plan 

10 for an installation, a redevelopment authority and 

11 representatives of the homeless shall prepare legally 

12 binding agreements that provide for the use to assist 

13 the homeless of buildings and property, resources, 

14 and assistance on or off the installation. The imple15 mentation of such agreements shall be contingent 

16 upon the decision regarding the disposal of the 

17 buildings and property covered by the agreements by 

18 the Secretary of Defense under subparagraph (K) or 

19 (L). 

20 (II) Agreements under this clause shall provide 

21 for the reversion to the redevelopment authority con22 cerned, or to such other entity or entities as the 

23 agreements shall provide, of buildings and property 

24 that are made available under this paragraph for use 


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1 to assist the homeless in the event that such build2 ings and property cease being used for that purpose. 

3 (iii) A redevelopment authority shall provide op4 portunity for public comment on a redevelopment 

5 plan before submission of the plan to the Secretary 

6 of Defense and the Secretary of Housing and Urban 

7 Development under subparagraph (G). 

8 (iv) A redevelopment authority shall complete 

9 preparation of a redevelopment plan for an installa10 tion and submit the plan under subparagraph (G) 

11 not later than 9 months after the date specified by 

12 the redevelopment authority for the installation 

13 under subparagraph (D). 

14 (G)(i) Upon completion of a redevelopment plan 

15 under subparagraph (F), a redevelopment authority 

16 shall submit an application containing the plan to 

17 the Secretary of Defense and to the Secretary of 

18 Housing and Urban Development. 

19 (ii) A redevelopment authority shall include in 

20 an application under clause (i) the following: 

21 (I) A copy of the redevelopment plan, in22 cluding a summary of any public comments on 

23 the plan received by the redevelopment author24 ity under subparagraph (F)(iii). 


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1 (II) A copy of each notice of interest of use 

2 of buildings and property to assist the homeless 

3 that was submitted to the redevelopment au4 thority under subparagraph (C), together with 

5 a description of the manner, if any, in which 

6 the plan addresses the interest expressed in 

7 each such notice and, if the plan does not ad8 dress such an interest, an explanation why the 

9 plan does not address the interest. 

10 (III) A summary of the outreach under11 taken by the redevelopment authority under 

12 subparagraph (C)(iii)(II) in preparing the plan. 

13 (IV) A statement identifying the represent14 atives of the homeless and the homeless assist15 ance planning boards, if any, with which the re16 development authority consulted in preparing 

17 the plan, and the results of such consultations. 

18 (V) An assessment of the manner in which 

19 the redevelopment plan balances the expressed 

20 needs of the homeless and the need of the com21 munities in the vicinity of the installation for 

22 economic redevelopment and other development. 

23 (VI) Copies of the agreements that the re24 development authority proposes to enter into 

25 under subparagraph (F)(ii). 


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1 (H)(i) Not later than 60 days after receiving a 

2 redevelopment plan under subparagraph (G), the 

3 Secretary of Housing and Urban Development shall 

4 complete a review of the plan. The purpose of the 

5 review is to determine whether the plan, with respect 

6 to the expressed interest and requests of representa7 tives of the homeless— 

8 (I) takes into consideration the size and 

9 nature of the homeless population in the com10 munities in the vicinity of the installation, the 

11 availability of existing services in such commu12 nities to meet the needs of the homeless in such 

13 communities, and the suitability of the build14 ings and property covered by the plan for the 

15 use and needs of the homeless in such commu16 nities; 

17 (II) takes into consideration any economic 

18 impact of the homeless assistance under the 

19 plan on the communities in the vicinity of the 

20 installation; 

21 (III) balances in an appropriate manner 

22 the needs of the communities in the vicinity of 

23 the installation for economic redevelopment and 

24 other development with the needs of the home25 less in such communities; 


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1 (IV) was developed in consultation with 

2 representatives of the homeless and the home3 less assistance planning boards, if any, in the 

4 communities in the vicinity of the installation; 

5 and 

6 (V) specifies the manner in which buildings 

7 and property, resources, and assistance on or 

8 off the installation will be made available for 

9 homeless assistance purposes. 

10 (ii) It is the sense of Congress that the Sec11 retary of Housing and Urban Development shall, in 

12 completing the review of a plan under this subpara13 graph, take into consideration and be receptive to 

14 the predominant views on the plan of the commu15 nities in the vicinity of the installation covered by 

16 the plan. 

17 (iii) The Secretary of Housing and Urban De18 velopment may engage in negotiations and consulta19 tions with a redevelopment authority before or dur20 ing the course of a review under clause (i) with a 

21 view toward resolving any preliminary determination 

22 of the Secretary that a redevelopment plan does not 

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1 ment plan as a result of such negotiations and con2 sultations. 

3 (iv) Upon completion of a review of a redevelop4 ment plan under clause (i), the Secretary of Housing 

5 and Urban Development shall notify the Secretary of 

6 Defense and the redevelopment authority concerned 

7 of the determination of the Secretary of Housing 

8 and Urban Development under that clause. 

9 (v) If the Secretary of Housing and Urban De10 velopment determines as a result of such a review 

11 that a redevelopment plan does not meet the require12 ments set forth in clause (i), a notice under clause 

13 (iv) shall include— 

14 (I) an explanation of that determination; 

15 and 

16 (II) a statement of the actions that the re17 development authority must undertake in order 

18 to address that determination. 

19 (I)(i) Upon receipt of a notice under subpara20 graph (H)(iv) of a determination that a redevelop21 ment plan does not meet a requirement set forth in 

22 subparagraph (H)(i), a redevelopment authority 

23 shall have the opportunity to— 

24 (I) revise the plan in order to address the 

25 determination; and 


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1 (II) submit the revised plan to the Sec2 retary of Defense and the Secretary of Housing 

3 and Urban Development. 

4 (ii) A redevelopment authority shall submit a 

5 revised plan under this subparagraph to such Secre6 taries, if at all, not later than 90 days after the date 

7 on which the redevelopment authority receives the 

8 notice referred to in clause (i). 

9 (J)(i) Not later than 30 days after receiving a 

10 revised redevelopment plan under subparagraph (I), 

11 the Secretary of Housing and Urban Development 

12 shall review the revised plan and determine if the 

13 plan meets the requirements set forth in subpara14 graph (H)(i). 

15 (ii) The Secretary of Housing and Urban Devel16 opment shall notify the Secretary of Defense and the 

17 redevelopment authority concerned of the determina18 tion of the Secretary of Housing and Urban Devel19 opment under this subparagraph. 

20 (K)(i) Upon receipt of a notice under subpara21 graph (H)(iv) or (J)(ii) of the determination of the 

22 Secretary of Housing and Urban Development that 

23 a redevelopment plan for an installation meets the 

24 requirements set forth in subparagraph (H)(i), the 


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1 Secretary of Defense shall dispose of the buildings 

2 and property at the installation. 

3 (ii) For purposes of carrying out an environ4 mental assessment of the closure or realignment of 

5 an installation, the Secretary of Defense shall treat 

6 the redevelopment plan for the installation (includ7 ing the aspects of the plan providing for disposal to 

8 State or local governments, representatives of the 

9 homeless, and other interested parties) as part of 

10 the proposed Federal action for the installation. 

11 (iii) The Secretary of Defense shall dispose of 

12 buildings and property under clause (i) in accord13 ance with the record of decision or other decision 

14 document prepared by the Secretary in accordance 

15 with the National Environmental Policy Act of 1969 

16 (42 U.S.C. 4321 et seq.). In preparing the record of 

17 decision or other decision document, the Secretary 

18 shall give substantial deference to the redevelopment 

19 plan concerned. 

20 (iv) The disposal under clause (i) of buildings 

21 and property to assist the homeless shall be without 

22 consideration. 

23 (v) In the case of a request for a conveyance 

24 under clause (i) of buildings and property for public 

25 benefit under section 550 of title 40, United States 


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1 Code, or sections 47151 through 47153 of title 49, 

2 United States Code, the sponsoring Federal agency 

3 shall use the eligibility criteria set forth in such sec4 tion or such subchapter (as the case may be) to de5 termine the eligibility of the applicant and use pro6 posed in the request for the public benefit convey7 ance. The determination of such eligibility should be 

8 made before submission of the redevelopment plan 

9 concerned under subparagraph (G). 

10 (L)(i) If the Secretary of Housing and Urban 

11 Development determines under subparagraph (J) 

12 that a revised redevelopment plan for an installation 

13 does not meet the requirements set forth in subpara14 graph (H)(i), or if no revised plan is so submitted, 

15 that Secretary shall— 

16 (I) review the original redevelopment plan 

17 submitted to that Secretary under subpara18 graph (G), including the notice or notices of 

19 representatives of the homeless referred to in 

20 clause (ii)(II) of that subparagraph; 

21 (II) consult with the representatives re22 ferred to in subclause (I), if any, for purposes 

23 of evaluating the continuing interest of such 

24 representatives in the use of buildings or prop25 erty at the installation to assist the homeless; 


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1 (III) request that each such representative 

2 submit to that Secretary the items described in 

3 clause (ii); and 

4 (IV) based on the actions of that Secretary 

5 under subclauses (I) and (II), and on any infor6 mation obtained by that Secretary as a result of 

7 such actions, indicate to the Secretary of De8 fense the buildings and property at the installa9 tion that meet the requirements set forth in 

10 subparagraph (H)(i). 

11 (ii) The Secretary of Housing and Urban Devel12 opment may request under clause (i)(III) that a rep13 resentative of the homeless submit to that Secretary 

14 the following: 

15 (I) A description of the program of such 

16 representative to assist the homeless. 

17 (II) A description of the manner in which 

18 the buildings and property that the representa19 tive proposes to use for such purpose will assist 

20 the homeless. 

21 (III) Such information as that Secretary 

22 requires in order to determine the financial ca23 pacity of the representative to carry out the 

24 program and to ensure that the program will be 

25 carried out in compliance with Federal environVerDate Sep 11 2014 21:49 Feb 06, 2017 Jkt 069200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H753.IH H753

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1 mental law and Federal law against discrimina2 tion. 

3 (IV) A certification that police services, 

4 fire protection services, and water and sewer 

5 services available in the communities in the vi6 cinity of the installation concerned are adequate 

7 for the program. 

8 (iii) Not later than 90 days after the date of 

9 the receipt of a revised plan for an installation under 

10 subparagraph (J), the Secretary of Housing and 

11 Urban Development shall— 

12 (I) notify the Secretary of Defense and the 

13 redevelopment authority concerned of the build14 ings and property at an installation under 

15 clause (i)(IV) that the Secretary of Housing 

16 and Urban Development determines are suit17 able for use to assist the homeless; and 

18 (II) notify the Secretary of Defense of the 

19 extent to which the revised plan meets the cri20 teria set forth in subparagraph (H)(i). 

21 (iv)(I) Upon notice from the Secretary of Hous22 ing and Urban Development with respect to an in23 stallation under clause (iii), the Secretary of Defense 

24 shall dispose of buildings and property at the instal25 lation in consultation with the Secretary of Housing 


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1 and Urban Development and the redevelopment au2 thority concerned. 

3 (II) For purposes of carrying out an environ4 mental assessment of the closure or realignment of 

5 an installation, the Secretary of Defense shall treat 

6 the redevelopment plan submitted by the redevelop7 ment authority for the installation (including the as8 pects of the plan providing for disposal to State or 

9 local governments, representatives of the homeless, 

10 and other interested parties) as part of the proposed 

11 Federal action for the installation. The Secretary of 

12 Defense shall incorporate the notification of the Sec13 retary of Housing and Urban Development under 

14 clause (iii)(I) as part of the proposed Federal action 

15 for the installation only to the extent, if any, that 

16 the Secretary of Defense considers such incorpora17 tion to be appropriate and consistent with the best 

18 and highest use of the installation as a whole, taking 

19 into consideration the redevelopment plan submitted 

20 by the redevelopment authority. 

21 (III) The Secretary of Defense shall dispose of 

22 buildings and property under subclause (I) in ac23 cordance with the record of decision or other deci24 sion document prepared by the Secretary in accord25 ance with the National Environmental Policy Act of 


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1 1969 (42 U.S.C. 4321 et seq.). In preparing the 

2 record of decision or other decision document, the 

3 Secretary shall give deference to the redevelopment 

4 plan submitted by the redevelopment authority for 

5 the installation. 

6 (IV) The disposal under subclause (I) of build7 ings and property to assist the homeless shall be 

8 without consideration. 

9 (V) In the case of a request for a conveyance 

10 under subclause (I) of buildings and property for 

11 public benefit under section 550 of title 40, United 

12 States Code, or sections 47151 through 47153 of 

13 title 49, United States Code, the sponsoring Federal 

14 agency shall use the eligibility criteria set forth in 

15 such section or such subchapter (as the case may 

16 be) to determine the eligibility of the applicant and 

17 use proposed in the request for the public benefit 

18 conveyance. The determination of such eligibility 

19 should be made before submission of the redevelop20 ment plan concerned under subparagraph (G). 

21 (M)(i) In the event of the disposal of buildings 

22 and property of an installation pursuant to subpara23 graph (K) or (L), the redevelopment authority for 

24 the installation shall be responsible for the imple25 mentation of and compliance with agreements under 


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1 the redevelopment plan described in that subpara2 graph for the installation. 

3 (ii) If a building or property reverts to a rede4 velopment authority under such an agreement, the 

5 redevelopment authority shall take appropriate ac6 tions to secure, to the maximum extent practicable, 

7 the utilization of the building or property by other 

8 homeless representatives to assist the homeless. A 

9 redevelopment authority may not be required to uti10 lize the building or property to assist the homeless. 

11 (N) The Secretary of Defense may postpone or 

12 extend any deadline provided for under this para13 graph in the case of an installation covered by this 

14 paragraph for such period as the Secretary considers 

15 appropriate if the Secretary determines that such 

16 postponement is in the interests of the communities 

17 affected by the closure or realignment of the instal18 lation. The Secretary shall make such determina19 tions in consultation with the redevelopment author20 ity concerned and, in the case of deadlines provided 

21 for under this paragraph with respect to the Sec22 retary of Housing and Urban Development, in con23 sultation with the Secretary of Housing and Urban 

24 Development. 


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1 (O) For purposes of this paragraph, the term 

2 ‘‘communities in the vicinity of the installation’’, in 

3 the case of an installation, means the communities 

4 that constitute the political jurisdictions (other than 

5 the State in which the installation is located) that 

6 comprise the redevelopment authority for the instal7 lation. 

8 (P) For purposes of this paragraph, the term 

9 ‘‘other interested parties’’, in the case of an installa10 tion, includes any parties eligible for the conveyance 

11 of property of the installation under section 550 of 

12 title 40, United States Code, or sections 47151 

13 through 47153 of title 49, United States Code, 

14 whether or not the parties assist the homeless. 

15 (c) APPLICABILITY OF NATIONAL ENVIRONMENTAL

16 POLICY ACT OF 1969.—(1) The provisions of the National 

17 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

18 seq.) shall not apply to the actions of the President, the 

19 Commission, and, except as provided in paragraph (2), the 

20 Department of Defense in carrying out this Act. 

21 (2)(A) The provisions of the National Environmental 

22 Policy Act of 1969 shall apply to actions of the Depart23 ment of Defense under this Act— 

24 (i) during the process of property disposal; and 


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1 (ii) during the process of relocating functions 

2 from a military installation being closed or realigned 

3 to another military installation after the receiving in4 stallation has been selected but before the functions 

5 are relocated. 

6 (B) In applying the provisions of the National Envi7 ronmental Policy Act of 1969 to the processes referred 

8 to in subparagraph (A), the Secretary of Defense and the 

9 Secretary of the military departments concerned shall not 

10 have to consider— 

11 (i) the need for closing or realigning the mili12 tary installation which has been recommended for 

13 the consolidation, closure, or realignment by the 

14 Commission; 

15 (ii) the need for transferring functions to any 

16 military installation which has been selected as the 

17 receiving installation; or 

18 (iii) military installations alternative to those 

19 recommended or selected. 

20 (3) A civil action for judicial review, with respect to 

21 any requirement of the National Environmental Policy Act 

22 of 1969 to the extent such Act is applicable under para23 graph (2), of any act or failure to act by the Department 

24 of Defense during the closing, realigning, or relocating of 

25 functions referred to in clauses (i) and (ii) of paragraph 


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1 (2)(A), may not be brought more than 60 days after the 

2 date of such act or failure to act. 

3 (d) WAIVER.—The Secretary of Defense may close or 

4 realign military installations under this Act without regard 

5 to— 

6 (1) any provision of law restricting the use of 

7 funds for closing or realigning military installations 

8 included in any appropriations or authorization Act; 

9 and 

10 (2) sections 2662 and 2687 of title 10, United 

11 States Code. 

12 (e) TRANSFER AUTHORITY IN CONNECTION WITH

13 PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.— 

14 (1)(A) Subject to paragraph (2) of this sub15 section and section 120(h) of the Comprehensive En16 vironmental Response, Compensation, and Liability 

17 Act of 1980 (42 U.S.C. 9620(h)), the Secretary may 

18 enter into an agreement to transfer by deed real 

19 property or facilities referred to in subparagraph (B) 

20 with any person who agrees to perform all environ21 mental restoration, waste management, and environ22 mental compliance activities that are required for 

23 the property or facilities under Federal and State 

24 laws, administrative decisions, agreements (including 

25 schedules and milestones), and concurrences. 


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1 (B) The real property and facilities referred to 

2 in subparagraph (A) are the real property and facili3 ties located at an installation closed or to be closed, 

4 or realigned or to be realigned, under this Act that 

5 are available exclusively for the use, or expression of 

6 an interest in a use, of a redevelopment authority 

7 under subsection (b)(6)(F) during the period pro8 vided for that use, or expression of interest in use, 

9 under that subsection. The real property and facili10 ties referred to in subparagraph (A) are also the real 

11 property and facilities located at an installation ap12 proved for consolidation, closure, or realignment 

13 under this Act after 2001 that are available for pur14 poses other than to assist the homeless. 

15 (C) The Secretary may require any additional 

16 terms and conditions in connection with an agree17 ment authorized by subparagraph (A) as the Sec18 retary considers appropriate to protect the interests 

19 of the United States. 

20 (2) A transfer of real property or facilities may 

21 be made under paragraph (1) only if the Secretary 

22 certifies to Congress that— 

23 (A) the costs of all environmental restora24 tion, waste management, and environmental 

25 compliance activities otherwise to be paid by the 


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•HR 753 IH

1 Secretary with respect to the property or facili2 ties are equal to or greater than the fair market 

3 value of the property or facilities to be trans4 ferred, as determined by the Secretary; or 

5 (B) if such costs are lower than the fair 

6 market value of the property or facilities, the 

7 recipient of the property or facilities agrees to 

8 pay the difference between the fair market 

9 value and such costs. 

10 (3) In the case of property or facilities covered 

11 by a certification under paragraph (2)(A), the Sec12 retary may pay the recipient of such property or fa13 cilities an amount equal to the lesser of— 

14 (A) the amount by which the costs in15 curred by the recipient of such property or fa16 cilities for all environmental restoration, waste, 

17 management, and environmental compliance ac18 tivities with respect to such property or facili19 ties exceed the fair market value of such prop20 erty or facilities as specified in such certifi21 cation; or 

22 (B) the amount by which the costs (as de23 termined by the Secretary) that would other24 wise have been incurred by the Secretary for 

25 such restoration, management, and activities 


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1 with respect to such property or facilities exceed 

2 the fair market value of such property or facili3 ties as so specified. 

4 (4) As part of an agreement under paragraph 

5 (1), the Secretary shall disclose to the person to 

6 whom the property or facilities will be transferred 

7 any information of the Secretary regarding the envi8 ronmental restoration, waste management, and envi9 ronmental compliance activities described in para10 graph (1) that relate to the property or facilities. 

11 The Secretary shall provide such information before 

12 entering into the agreement. 

13 (5) Nothing in this subsection shall be con14 strued to modify, alter, or amend the Comprehensive 

15 Environmental Response, Compensation, and Liabil16 ity Act of 1980 (42 U.S.C. 9601 et seq.) or the 

17 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 

18 (6) Section 330 of the National Defense Au19 thorization Act for Fiscal Year 1993 (Public Law 

20 102–484; 10 U.S.C. 2687 note) shall not apply to 

21 any transfer under this subsection to persons or en22 tities described in subsection (a)(2) of such section 

23 330, except in the case of releases or threatened re24 leases not disclosed pursuant to paragraph (4). 


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1 SEC. 14. ACCOUNT. 

2 (a) ESTABLISHMENT.— 

3 (1) If the Secretary makes the certification re4 quired under section 3(d), there shall be established 

5 on the books of the Treasury an account to be 

6 known as the ‘‘Military Infrastructure Consolidation 

7 and Efficiency 2019’’. The Account shall be admin8 istered by the Secretary as a single account. 

9 (2) There shall be deposited into the Account— 

10 (A) funds authorized for an appropriation 

11 to the Account; 

12 (B) any funds that the Secretary may, 

13 subject to approval in an appropriations Act, 

14 transfer to the Account from funds appro15 priated to the Department of Defense for any 

16 purpose, except that such funds may be trans17 ferred only after the date on which the Sec18 retary transmits written notice of, and justifica19 tion for, such transfer to the congressional de20 fense committees; and 

21 (C) except as provided in subsection (c), 

22 proceeds received from the lease, transfer, or 

23 disposal of any property at a military installa24 tion that is consolidated, closed, or realigned 

25 under this Act. 


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1 (3) The Account shall be closed at the time and 

2 in the manner provided for appropriation accounts 

3 under section 1555 of title 31, United States Code. 

4 Unobligated funds which remain in the Account 

5 upon the closure shall be held by the Secretary of 

6 the Treasury until transferred by law after the con7 gressional defense committees receive the final re8 port transmitted under section 14(a)(3). 

9 (b) USE OF FUNDS.— 

10 (1) In such amounts as may be provided in ad11 vance in appropriation Acts, the Secretary may use 

12 the Account only for the purposes described in sec13 tion 12 with respect to military installations ap14 proved for consolidation, closure, or realignment 

15 under this Act. 

16 (2) When a decision is made to use funds in the 

17 Account to carry out a military construction project 

18 under section 11(b)(1) and the cost of the project 

19 will exceed the maximum amount authorized by law 

20 for a minor military construction project, the Sec21 retary shall notify, in writing, the congressional de22 fense committees of the nature of, and justification 

23 for, the project and the amount of expenditures for 

24 such project. Any such project may be carried out 


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1 without regard to section 2802(a) of title 10, United 

2 States Code. 

3 (c) AUTHORIZED COST VARIATIONS.— 

4 (1) MAXIMUM INCREASE.—Subject to para5 graph (2), the total cost authorized for a closure or 

6 realignment action to be carried out using funds in 

7 the Account may not be increased by more than 25 

8 percent of the amount specified for such closure or 

9 realignment action in the report transmitted by the 

10 Commission to the President pursuant to section 

11 9(d). 

12 (2) EXCEPTION.—The limitation on cost vari13 ations in paragraph (1) shall not apply if— 

14 (A) the Secretary of Defense notifies the 

15 congressional defense committees, in writing, of 

16 the cost increase and the reason therefor and 

17 certifies that the increased cost is necessary in 

18 order to implement the recommendation; and 

19 (B) a period of 60 days has elapsed after 

20 the date on which such notification is provided 

21 or, if the notification is provided in an elec22 tronic medium pursuant to section 480 of title 

23 10, United States Code, a period of 45 days has 

24 elapsed. 


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1 (d) DISPOSAL OR TRANSFER OF COMMISSARY

2 STORES AND PROPERTY PURCHASED WITH NON3 APPROPRIATED FUNDS.— 

4 (1) If any real property or facility acquired, 

5 constructed, or improved (in whole or in part) with 

6 commissary store funds or nonappropriated funds is 

7 transferred or disposed of in connection with the 

8 consolidation, closure, or realignment of a military 

9 installation under this Act, a portion of the proceeds 

10 of the transfer or other disposal of property on that 

11 installation shall be deposited in the reserve account 

12 established under section 204(b)(7)(C) of the De13 fense Authorization Amendments and Base Closure 

14 and Realignment Act (10 U.S.C. 2687 note). 

15 (2) The amount so deposited shall be equal to 

16 the depreciated value of the investment made with 

17 such funds in the acquisition, construction, or im18 provement of that particular real property or facility. 

19 The depreciated value of the investment shall be 

20 computed in accordance with regulations prescribed 

21 by the Secretary of Defense. 

22 (3) In such amounts as may be provided in ad23 vance in appropriations Acts, the Secretary may use 

24 amounts in the reserve account for the purpose of 

25 acquiring, constructing, and improving commissary 


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1 stores and real property and facilities for non2 appropriated fund instrumentalities. 

3 (e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR

4 ENVIRONMENTAL RESTORATION PROJECTS.—Except for 

5 funds deposited into the Account under subsection (a), 

6 funds appropriated to the Department of Defense may not 

7 be used for purposes described in section 12. The prohibi8 tion in this subsection shall expire upon the closure of the 

9 account under subsection (a)(3). 

10 SEC. 15. RESTRICTION ON OTHER BASE CLOSURE AUTHOR11 ITY. 

12 (a) IN GENERAL.—Except as provided in subsection 

13 (c), during the period beginning on the date of enactment 

14 of this Act, and ending on April 15, 2020, this Act shall 

15 be the exclusive authority for selecting for consolidation, 

16 closure, or realignment, or for carrying out any consolida17 tion, closure, or realignment of, a military installation in18 side the United States. 

19 (b) RESTRICTION.—Except as provided in subsection 

20 (c), none of the funds available to the Department may 

21 be used, other than under this Act, during the period spec22 ified in subsection (a)— 

23 (1) to identify, through any transmittal to the 

24 Congress or through any other public announcement 

25 or notification, any military installation inside the 


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1 United States as an installation to be consolidated, 

2 closed, or realigned, or as an installation under con3 sideration for consolidation, closure, or realignment; 

4 or 

5 (2) to carry out any consolidation, closure, or 

6 realignment of a military installation inside the 

7 United States. 

8 (c) EXCEPTION.—Nothing in this title affects the au9 thority of the Secretary of Defense to carry out closures 

10 or realignments to which section 2687 of title 10, United 

11 States Code, is not applicable, including closures and re12 alignments carried out for reasons of national security or 

13 a military emergency referred to in subsection (c) of such 

14 section. 

15 SEC. 16. REQUIRED REPORTS. 

16 (a) MILITARY INFRASTRUCTURE CONSOLIDATION

17 AND EFFICIENCY ACCOUNT.— 

18 (1) REPORT REQUIRED.—No later than 60 days 

19 after the end of each fiscal year in which the Sec20 retary carries out activities under this Act using 

21 amounts in the Account, the Secretary of Defense 

22 shall transmit a report to the congressional defense 

23 committees of— 


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1 (A) the amount and nature of the deposits 

2 into, and the expenditures from, the Account 

3 during such fiscal year; 

4 (B) the amount and nature of other ex5 penditures made pursuant to section 12 during 

6 such fiscal year; 

7 (C) the amount and nature of anticipated 

8 deposits to be made into, and the anticipated 

9 expenditures to be made from, the Account dur10 ing the first fiscal year commencing after the 

11 submission of the report; and 

12 (D) the amount and nature of anticipated 

13 expenditures to be made pursuant to section 12 

14 during the first fiscal year commencing after 

15 the submission of the report. 

16 (2) ADDITIONAL ELEMENTS OF REPORT.—The 

17 report for a fiscal year shall include the following: 

18 (A) The obligations and expenditures from 

19 the Account during the fiscal year, identified by 

20 subaccount and installation, for each military 

21 department and Defense Agency. 

22 (B) The fiscal year in which appropriations 

23 for such expenditures were made and the fiscal 

24 year in which funds were obligated for such ex25 penditure. 


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1 (C) Each military construction project for 

2 which such obligations and expenditures were 

3 made, identified by installation and project title. 

4 (D) A description and explanation of the 

5 extent, if any, to which expenditures for mili6 tary construction projects for the fiscal year dif7 fered from proposals for projects and funding 

8 levels that were included in the justification 

9 transmitted to Congress under subsection (b), 

10 or otherwise, for the funding proposals for the 

11 Account for such fiscal year, including expla12 nations of any failure to carry out military con13 struction projects that were so proposed and 

14 any expenditures for military construction 

15 projects that were not so proposed. 

16 (E) An estimate of the net revenues to be 

17 received from property disposals to be com18 pleted during the first fiscal year commencing 

19 after the submission of the report at military 

20 installations approved for consolidation, closure, 

21 or realignment under this Act. 

22 (3) FINAL REPORT.—Not later than 60 days 

23 after the closure of the Account under section 14, 

24 the Secretary shall transmit to the congressional de25 fense committees a report containing an accounting 


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1 of all the funds deposited into and expended from 

2 the Account or otherwise expended under this Act 

3 with respect to such installations, and any amount 

4 remaining in the account. 

5 (b) ANNUAL MILITARY INFRASTRUCTURE CONSOLI6 DATION AND EFFICIENCY IMPLEMENTATION REPORT.— 

7 As part of the budget request for fiscal year 2021, and 

8 for each fiscal year thereafter through fiscal year 2032, 

9 for the Department, the Secretary shall transmit to the 

10 congressional defense committees— 

11 (1) a schedule of the closure actions to be car12 ried out under this Act in the fiscal year for which 

13 the request is made and an estimate of the total ex14 penditures required and cost savings to be achieved 

15 by each such closure and of the time period in which 

16 these savings are to be achieved in each case, to17 gether with the Secretary’s assessment of the envi18 ronmental effects of such actions; 

19 (2) a description of the military installations, 

20 including those under construction and those 

21 planned for construction, to which functions are to 

22 be transferred as a result of such closure, together 

23 with the Secretary’s assessment of the environmental 

24 effects of such transfers; 


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1 (3) a description of the closure actions already 

2 carried out at each military installation since the 

3 date of the installation’s approval for closure under 

4 this Act and the current status of the closure of the 

5 installation, including whether— 

6 (A) a redevelopment authority has been 

7 recognizes by the Secretary for the installation; 

8 (B) the screening of property at the instal9 lation for other Federal use has been com10 pleted; and 

11 (C) a redevelopment plan has been agreed 

12 to by the redevelopment authority for the in13 stallation; 

14 (4) a description of redevelopment plans for 

15 military installations approved for closure under this 

16 Act, the quantity of property remaining to be dis17 posed of at each installation as part of its closure, 

18 and the quantity of property already disposed of at 

19 each installation; 

20 (5) a list of Federal agencies that have re21 quested property during the screening process for 

22 each military installation approved for closure under 

23 this Act, including the date of transfer or antici24 pated transfer of the property to such agencies, the 


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1 acreage involved in such transfers, and an expla2 nation for any delays in such transfer; 

3 (6) a list of known environmental remediation 

4 issues at each military installation approved for clo5 sure under this Act, including the acreage affected 

6 by these issues, an estimate of the cost to complete 

7 such environmental remediation, and the plans (and 

8 timelines) to address such environmental remedi9 ation; and 

10 (7) an estimate of the date for the completion 

11 of all closure actions at each military installation ap12 proved for consolidation, closure, or realignment 

13 under this Act. 

14 SEC. 17. DEFINITIONS. 

15 In this Act: 

16 (1) The term ‘‘Account’’ means the Military In17 frastructure Consolidation and Efficiency Account 

18 established by section 14(a). 

19 (2) The term ‘‘congressional defense commit20 tees’’ means the Committees on Armed Services and 

21 the Committees on Appropriations of the Senate and 

22 the House of Representatives. 

23 (3) The term ‘‘Commission’’ means the Military 

24 Infrastructure Consolidation and Efficiency Commis25 sion of 2019 established by section 7. 


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1 (4) The term ‘‘date of approval’’, with respect 

2 to a consolidation, closure, or realignment of a mili3 tary installation, means the date on which the au4 thority of Congress to disapprove a recommendation 

5 of consolidation, closure, or realignment, as the case 

6 may be, of such installation under this Act expires. 

7 (5) The term ‘‘Department’’ means the Depart8 ment of Defense. 

9 (6) The term ‘‘final selection criteria’’ means 

10 the final selection criteria specified in section 6, 

11 which consists of military value criteria and certain 

12 additional criteria. 

13 (7) The term ‘‘force structure plan’’ means the 

14 force structure plan developed by the Secretary 

15 under section 3(a). 

16 (8) The term ‘‘infrastructure inventory’’ means 

17 the infrastructure inventory conducted by the Sec18 retary under section 3(b). 

19 (9) The term ‘‘military installation’’ means a 

20 base, camp, post, station, yard, center, homeport fa21 cility for any ship, or other activity under the juris22 diction of the Department, including any leased fa23 cility. Such term does not include any facility used 

24 primarily for civil works, rivers and harbors projects, 


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1 flood control, or other projects not under the pri2 mary jurisdiction or control of the Department. 

3 (10) The term ‘‘realignment’’ includes any ac4 tion which both reduces and relocates functions and 

5 civilian personnel positions but does not include a re6 duction in force resulting from workload adjust7 ments, reduced personnel or funding levels, or skill 

8 imbalances. 

9 (11) The term ‘‘redevelopment authority’’, in 

10 the case of a military installation to be closed or re11 aligned under this Act, means any entity (including 

12 an entity established by a State or local government) 

13 recognized by the Secretary of Defense as the entity 

14 responsible for developing the redevelopment plan 

15 with respect to the military installation or for direct16 ing the implementation of the redevelopment plan. 

17 (12) The term ‘‘redevelopment plan’’, in the 

18 case of a military installation to be closed or re19 aligned under this Act, means a plan that— 

20 (A) is agreed to by the local redevelopment 

21 authority with respect to the military installa22 tion; and 

23 (B) provides for the reuse or redevelop24 ment of the real property and personal property 

25 of the military installation that is available for 


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1 such reuse and redevelopment as a result of the 

2 consolidation, closure, or realignment of the 

3 military installation. 

4 (13) The term ‘‘representative of the homeless’’ 

5 has the meaning given such term in section 

6 501(i)(4) of the Stewart B. McKinney Homeless As7 sistance Act (42 U.S.C. 11411(i)(4)). 

8 (14) The term ‘‘Secretary’’ means the Secretary 

9 of Defense. 

10 (15) The term ‘‘United States’’ means the 50 

11 States, the District of Columbia, the Commonwealth 

12 of Puerto Rico, Guam, the Virgin Islands, American 

13 Samoa, the Virgin Islands of the United States, the 

14 Commonwealth of the Northern Mariana Islands, 

15 and any other commonwealth, territory, or posses16 sion of the United States. 

17 SEC. 18. TREATMENT AS A BASE CLOSURE LAW FOR PUR18 POSES OF OTHER PROVISIONS OF LAW. 

19 (a) DEFINITION OF ‘‘BASE CLOSURE LAW’’ IN TITLE

20 10.—Section 101(a)(17) of title 10, United States Code, 

21 is amended by adding at the end the following new sub22 paragraph: 

23 ‘‘(D) Military Infrastructure Consolidation 

24 and Efficiency Act of 2017.’’. 


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1 (b) DEFINITION OF ‘‘BASE CLOSURE LAW’’ IN

2 OTHER LAWS.— 

3 (1) Section 131(b) of Public Law 107–249 (10 

4 U.S.C. 221 note) is amended by striking ‘‘means’’ 

5 and all that follows and inserting ‘‘has the meaning 

6 given the term ‘base closure law’ in section 

7 101(a)(17) of title 10, United States Code.’’. 

8 (2) Section 1334(k)(1) of the National Defense 

9 Authorization Act for Fiscal Year 1994 (Public Law 

10 103–160; 10 U.S.C. 2701 note) is amended by add11 ing at the end the following new subparagraph: 

12 ‘‘(C) Military Infrastructure Consolidation 

13 and Efficiency Act of 2017.’’. 

14 (3) Section 2918(a)(1) of the National Defense 

15 Authorization Act for Fiscal Year 1994 (Public Law 

16 103–160; 10 U.S.C. 2687 note) is amended by add17 ing at the end the following new subparagraph: 

18 ‘‘(C) Military Infrastructure Consolidation 

19 and Efficiency Act of 2017.’’. 

20 SEC. 19. CONFORMING AMENDMENTS. 

21 (a) DEPOSIT AND USE OF LEASE PROCEEDS.—Sec22 tion 2667(e) of title 10, United States Code, is amended— 

23 (1) in paragraph (5), by striking ‘‘on or after 

24 January 1, 2005,’’ and inserting ‘‘from January 1, 

25 2005 through December 31, 2005,’’; and 


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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(6) Money rentals received by the United 

4 States from a lease under subsection (g) at a mili5 tary installation approved for consolidation, closure, 

6 or realignment under a base closure law on or after 

7 January 1, 2006, shall be deposited into the Account 

8 established under section 14(a) of the Military Infra9 structure Consolidation and Efficiency Act of 

10 2017.’’. 

11 (b) REQUESTS BY PUBLIC AGENCIES FOR PROPERTY

12 FOR PUBLIC AIRPORTS.—Section 47151(g) of title 49, 

13 United States Code, is amended by striking ‘‘section 2687 

14 of title 10, section 201 of the Defense Authorization 

15 Amendments and Base Closure and Realignment Act (10 

16 U.S.C. 2687 note), or section 2905 of the Defense Base 

17 Closure and Realignment Act of 1990 (10 U.S.C. 2687 

18 note)’’ and inserting ‘‘a base closure law, as that term is 

19 defined in section 101(a)(17) of title 10,’’. 

20 (c) RESTORED LEAVE.—Section 6304(d)(3)(A) of 

21 title 5, United States Code, is amended by striking ‘‘the 

22 Defense Base Closure and Realignment Act of 1990 (part 

23 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 


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1 note)’’ and inserting ‘‘a base closure law, as that term is 

2 defined in section 101(a)(17) of title 10,’’. 

Æ 


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