I 
114TH CONGRESS 
2D SESSION 
H. R. 5540 
To establish a fair and transparent process that will result in the timely 
consolidation, closure, and realignment of military installations inside 
the United States and will realize improved efficiencies in the cost and 
management of military installations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2016 
Mr. SMITH of Washington (for himself, Mr. FARR, Mrs. DAVIS of California, 
Mr. COOPER, Ms. BORDALLO, Ms. SPEIER, and Mr. O’ROURKE) intro-
duced the following bill; which was referred to the Committee on Armed 
Services, and in addition to the Committee on Appropriations, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To establish a fair and transparent process that will result 
in the timely consolidation, closure, and realignment of 
military installations inside the United States and will 
realize improved efficiencies in the cost and management 
of military installations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Military Infrastructure Consolidation and Efficiency Act 
of 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Findings and purpose. 
Sec. 3. Force structure plan, infrastructure inventory, and certification of need 
for consolidation, closure, and realignment of military installa-
tions. 
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 re-
alignment of military installations. 
Sec. 9. Commission review of Secretary of Defense recommendations for con-
solidation, 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 congres-
sional review. 
Sec. 12. Implementation. 
Sec. 13. Management and disposal of property. 
Sec. 14. Account. 
Sec. 15. Restriction on other base closure authority. 
Sec. 16. Required reports. 
Sec. 17. Definitions. 
Sec. 18. Treatment as a base closure law for purposes of other provisions of 
law. 
Sec. 19. Conforming amendments. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The Department of Defense has requested 
legislation to authorize a new round of base realign-
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ments and closures (BRAC) as part of each budget 
request since fiscal year 2013. 
(2) The Department of Defense request for a 
new BRAC round is based on the Department’s 
analysis that— 
(A) there is infrastructure capacity excess 
to military requirements; and 
(B) the funds required to sustain this ex-
cess infrastructure capacity could be better 
spent on other national security priorities. 
(3) In testimony before the Committee on 
Armed Services of the House of Representatives on 
March 22, 2016, Secretary of Defense Ashton Car-
ter stated that ‘‘we need to stop spending so much 
money to hold on to bases we don’t need’’ and that 
‘‘we have more bases in more places than we need’’. 
(4) According to an April 2016 infrastructure 
capacity analysis conducted by the Department of 
Defense using projected fiscal year 2019 force struc-
ture levels, overall the Department has approxi-
mately 22 percent excess capacity, of which approxi-
mately 33 percent is excess Army capacity, 7 per-
cent is excess Navy capacity, 32 percent is excess 
Air Force capacity, and 12 percent is excess capacity 
of the Defense Logistics Agency. 
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(5) In a time when the Department of Defense 
is facing significant budget pressures, the Depart-
ment is being required to expend valuable resources 
to maintain infrastructure capacity in excess of De-
partment requirements instead of investing these 
valuable resources in meeting urgent readiness and 
training requirements or other priorities within the 
Department. 
(6) While the Department of Defense has al-
ready undertaken a number of initiatives to reduce 
the Department’s overseas infrastructure footprint, 
including the European Infrastructure Consolidation 
review and the relocation and consolidation of mili-
tary facilities in Japan and the Republic of Korea, 
the Department’s ability to take similar actions re-
garding military installation inside the United States 
is extremely limited without specific authorization 
from Congress. 
(7) In testimony before the Committee on 
Armed Services of the House of Representatives on 
March 22, 2016, John Conger, who was performing 
the duties of the Assistant Secretary of Defense for 
Energy, Installations and Environment, testified 
that by reducing excess infrastructure capacity by 
only 5 percent, the Department of Defense expected 
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it could realize $2 billion a year in annual recurring 
savings. 
(8) A 5-percent reduction in excess infrastruc-
ture can be managed in a strategic and cost-effective 
manner while ensuring appropriate infrastructure 
capacity remains for potential growth in military 
force structure or future contingency needs of the 
Department of Defense. 
(9) While concerns have been raised about the 
costs and schedule associated with the 2005 BRAC 
round, the majority of the recommendations of that 
round were focused on transformation and realign-
ment rather than efficiency and closure. 
(10) As such, congressional authorization for 
the next BRAC round must include additional over-
sight and controls on costs and provide sufficient 
guidance and authority to ensure that the Depart-
ment of Defense focuses on recommendations that 
result in efficiencies and financial savings for the 
Department. 
(11) Furthermore, congressional authorization 
must ensure that the process for developing rec-
ommendations to consolidate, close, or realign mili-
tary installations is independent, impartial, and 
transparent. 
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(12) In a time when the Department of Defense 
needs to reduce excess infrastructure capacity and 
realize efficiencies in its real property inventory, this 
Act provides the most transparent means to do so 
while also affording an independent commission, 
Congress, and community groups a significant voice 
and role in the process. 
(b) PURPOSE.—The purpose of this Act is to provide 
a fair and transparent process that will allow the Depart-
ment of Defense— 
(1) to consolidate, close, or realign military in-
stallations within the United States; and 
(2) as a result of such consolidation, closure, 
and realignment, to realize efficiencies and savings 
that can be reinvested into critical military readiness 
and modernization initiatives. 
SEC. 3. FORCE STRUCTURE PLAN, INFRASTRUCTURE IN-
VENTORY, AND CERTIFICATION OF NEED FOR 
CONSOLIDATION, CLOSURE, AND REALIGN-
MENT OF MILITARY INSTALLATIONS. 
(a) FORCE STRUCTURE.— 
(1) PLAN
REQUIRED.—The Secretary of De-
fense shall develop a force structure plan for the 
Armed Forces, to be based on an assessment by the 
Secretary of the probable threats to the national se-
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curity of the United States during the period begin-
ning with fiscal year 2018 and ending with fiscal 
year 2038. 
(2) REQUIRED
ELEMENTS.—The force struc-
ture plan shall include, at a minimum, the following 
elements: 
(A) The probable end-strength levels of the 
Armed Forces and major military force units, 
including land force divisions, carrier and other 
major combatant vessels, air wings, and other 
comparable units, identified by the Secretary as 
needed to meet the probable threats to the na-
tional security of the United States identified 
under paragraph (1). 
(B) The anticipated levels of funding that 
will be available for national defense purposes 
during the period specified in paragraph (1). 
(b) INFRASTRUCTURE.— 
(1) INVENTORY
REQUIRED.—The Secretary 
shall conduct a comprehensive inventory of military 
installations world-wide for each military depart-
ment, to include the specific number and type of fa-
cilities in the regular and reserve components. 
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(2) REQUIRED ELEMENTS.—As part of the in-
frastructure inventory and using the force structure 
plan, the Secretary shall address the following: 
(A) The number and type of infrastructure 
required to support— 
(i) the force structure plan; and 
(ii) any potential growth in the end- 
strength levels of the Armed Forces and 
major military force units in the event of 
the emergence of new threats to the secu-
rity of the United States or a national 
emergency, contingency operation, or dec-
laration of war. 
(B) The categories of excess infrastructure 
and infrastructure capacity. 
(3) SPECIAL CONSIDERATIONS.—In determining 
the level of necessary and excess infrastructure in 
the infrastructure inventory, the Secretary shall con-
sider the following: 
(A) The anticipated and continuing need 
for and availability of military installations out-
side the United States, taking into account cur-
rent restrictions on the use of military installa-
tions outside the United States and the poten-
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tial for future prohibitions or restriction on the 
use of such military installations. 
(B) Any efficiencies that may be gained 
from joint tenancy by more than one branch of 
the Armed Forces at a military installation. 
(c) REQUIRED REPORT TO CONGRESS.—As part of 
the budget justification documents submitted to Congress 
in support of the budget request for the Department of 
Defense for fiscal year 2019, the Secretary shall submit 
a report to Congress that includes, at a minimum, the fol-
lowing elements: 
(1) The force structure plan. 
(2) The infrastructure inventory. 
(3) The certification required by subsection (d). 
(4) An economic analysis of the effect of the 
consolidation, closure, or realignment of military in-
stallations to reduce excess infrastructure capacity. 
(5) The standard rules that would be used to 
calculate annual recurring savings for manpower 
base operating costs, utility costs, base closure guar-
antees, service-sharing agreements, and other instal-
lation support activities that the Secretary will use 
in developing recommendations for the consolidation, 
closure, or realignment of military installations. 
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(d) REVISION OF FORCE STRUCTURE PLAN AND IN-
FRASTRUCTURE INVENTORY.— 
(1) REVISION
AUTHORIZED.—The Secretary 
may revise the force structure plan and infrastruc-
ture inventory. 
(2) SUBMISSION.—If the Secretary revises the 
force structure plan or infrastructure inventory, the 
Secretary shall submit the revised plan or inventory 
to Congress not later than February 15 of the year 
following the year in which the a plan or inventory 
was first submitted. 
(3) LIMITATION.—For the purposes of selecting 
military installations for consolidation, closure, or 
realignment under this Act in the year in which a 
revision is submitted, no revision of the force struc-
ture plan or infrastructure inventory is authorized 
after the date specified in paragraph (2). 
(e) CERTIFICATION OF NEED FOR CONSOLIDATION, 
CLOSURE, AND REALIGNMENT OF MILITARY INSTALLA-
TIONS.— 
(1) INITIAL CERTIFICATION.—On the basis of 
the force structure plan, the infrastructure inven-
tory, and the report required under subsection (c), 
the Secretary shall include in the report a certifi-
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cation of whether the need exists for the Department 
to consolidate, close, or realign military installations. 
(2) 
EFFECT
OF
AFFIRMATIVE
CERTIFI-
CATION.—If the Secretary certifies that the need ex-
ists for a round for the selection of military installa-
tions for consolidation, closure, or realignment, the 
Secretary also must certify that— 
(A) the recommendations for the consolida-
tion, closure, or realignment of military installa-
tions will— 
(i) result in annual net savings for 
each of the military departments beginning 
not later than five years following the date 
of the completion of the recommended con-
solidation, closure, or realignment action; 
(ii) have the primary objective of 
eliminating excess infrastructure capacity 
within the Department and reconfigure the 
remaining infrastructure to maximize effi-
ciency; and 
(iii) allow the Department to reinvest 
potential savings realized from the consoli-
dation, closure, or realignment of military 
installations into future readiness and 
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modernization requirements of the Armed 
Forces; and 
(B) the Secretary has previously consid-
ered and pursued opportunities to eliminate ex-
cess infrastructure capacity overseas to maxi-
mize efficiency and reduce costs. 
(3) EFFECT OF NEGATIVE CERTIFICATION.—If 
the Secretary certifies that the need does not exist 
for a round for the selection of military installations 
for consolidation, closure, or realignment, the Presi-
dent may not commence a round for the selection of 
military installations for consolidation, closure, or 
realignment as provided by this Act. 
(4) EFFECT OF FAILURE TO CERTIFY.—If the 
Secretary does not include the certification referred 
to in paragraph (1) in the report required by sub-
section (c), the President may not commence a 
round for the selection of military installations for 
consolidation, closure, or realignment as provided by 
this Act. 
(f) COMPTROLLER GENERAL EVALUATION.— 
(1) EVALUATION
REQUIRED.—If the certifi-
cation is provided under subsection (e), the Comp-
troller General of the United States shall prepare an 
evaluation of the following: 
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(A) The force structure plan and the infra-
structure inventory, including the categories of 
excess infrastructure and infrastructure capac-
ity identified in the inventory. 
(B) The accuracy and analytical suffi-
ciency of the force structure plan and infra-
structure inventory. 
(C) The need for the consolidation, closure, 
or realignment of additional military installa-
tions. 
(D) The standard rules that would be used 
to calculate annual recurring savings for man-
power base operating costs, utility costs, base 
closure guarantees, service-sharing agreements, 
and other installation support activities that the 
Secretary will use in developing recommenda-
tions for the consolidation, closure, or realign-
ment of military installations. 
(2) SUBMISSION.—Not later than 60 days after 
the date on which the certification is submitted to 
the Congress, the Comptroller General shall submit 
to Congress a report containing the results of the 
evaluation required by this subsection. 
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SEC. 4. TIME PERIOD TO ALLOW CONGRESSIONAL REVIEW. 
(a) PROHIBITION.—The Secretary of Defense may 
only commence a round for the selection of military instal-
lations for consolidation, closure, or realignment as pro-
vided by this Act after the end of a 90-day period begin-
ning on the date the certification required by subsection 
(e) of section 3 is submitted to Congress in the report 
required under subsection (c) of such section. 
(b) EFFECT OF PASSAGE OF A JOINT RESOLUTION 
OF DISAPPROVAL.—If, during the period specified in sub-
section (a), a joint resolution is enacted disapproving of 
the force structure plan, the infrastructure inventory, or 
the certification required by section 3(e), then the Presi-
dent may not commence a round for the selection of mili-
tary installations for consolidation, closure, or realignment 
as provided by this Act. 
SEC. 5. RECOMMENDATIONS FOR CONSOLIDATION, CLO-
SURE, OR REALIGNMENT OF MILITARY IN-
STALLATIONS. 
(a) CONDITIONAL
APPLICABILITY.—This section 
shall apply only if— 
(1) the Secretary of Defense makes a certifi-
cation under section 3(e) that the need exists for a 
round for the selection of military installations for 
consolidation, closure, or realignment; and 
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(2) Congress does not enact a joint resolution 
described in section 4(b) during the period specified 
in section 4(a). 
(b) 
AUTHORITY
TO
DEVELOP
RECOMMENDA-
TIONS.—Subject to subsection (a), the Secretary may ini-
tiate a process to develop recommendations for the consoli-
dation, closure, or realignment of military installations on 
the basis of the force structure plan, the infrastructure 
inventory, and the final selection criteria. 
(c) CONSIDERATION
OF ALL INSTALLATIONS.—In 
developing recommendations for the consolidation, closure, 
or realignment of military installations under this Act, the 
Secretary shall consider all military installations inside the 
United States equally without regard to whether the in-
stallation has been previously considered or proposed for 
consolidation, closure, or realignment by the Department 
or a Defense Base Closure and Realignment Commission. 
(d) EFFECT OF ADVANCE CONVERSION PLANNING.— 
(1) IN GENERAL.—In the development of rec-
ommendations for the consolidation, closure, or re-
alignment of military installations, the Secretary 
may not take into account for any purpose any ad-
vance conversion planning undertaken by an affected 
community with respect to the anticipated consolida-
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tion, closure, or realignment of a military installa-
tion. 
(2) ELEMENTS.—For the purposes of this sub-
section, advanced conversion planning— 
(A) shall include community adjustment 
and economic diversification planning under-
taken by the community before an anticipated 
selection of a military installation in or near the 
community for consolidation, closure, or re-
alignment; and 
(B) may include the development of contin-
gency redevelopment plans, plans for economic 
development and diversification, and plans for 
the joint use (including civilian and military 
use, public and private use, civilian dual use, 
and civilian shared use) of the property or fa-
cilities of the military installation after the an-
ticipated consolidation, closure, or realignment. 
(e) EFFECT OF LOCAL GOVERNMENT APPROVAL.— 
(1) CONSIDERATION AUTHORIZED.—Except as 
provided in paragraph (2), in developing rec-
ommendations for the consolidation, closure, and re-
alignment of military installations under this Act, 
the Secretary shall consider any notice received from 
a local government in the vicinity of a military in-
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stallation that the government would approve of the 
consolidation, closure, or realignment of the military 
installation. 
(2) EXCEPTION.—Notwithstanding receiving a 
notice described in paragraph (1), the Secretary 
shall— 
(A) make recommendations for the consoli-
dation, closure, and realignment of military in-
stallations based on the force structure plan, 
the infrastructure inventory, and the final selec-
tion criteria; and 
(B) include a statement of the result of the 
consideration of such a notice and the reasons 
for the result. 
SEC. 6. FINAL SELECTION CRITERIA FOR MAKING REC-
OMMENDATIONS FOR CONSOLIDATION, CLO-
SURE, AND REALIGNMENT OF MILITARY IN-
STALLATIONS. 
(a) FINAL SELECTION CRITERIA.—The final selec-
tion criteria to be used by the Secretary of Defense in 
making recommendations for the consolidation, closure, or 
realignment of military installations under this Act shall 
be military value criteria and certain additional criteria, 
as follows: 
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(1) MILITARY VALUE CRITERIA.—The military 
value criteria are as follows: 
(A) The current and future mission capa-
bilities of the Armed Forces, the ability to sup-
port technological innovation, the ability to sup-
port educational requirements that enhance the 
success of members of the Armed Forces in 
their military career fields, and the impact on 
operational readiness of the total force of the 
Department, including the impact on joint 
warfighting, training, and readiness. 
(B) The availability, condition, and stra-
tegic location of land, facilities, and associated 
airspace (including training areas suitable for 
maneuver by ground, naval, or air forces 
throughout a diversity of climate and terrain 
areas, areas capable of supporting testing and 
evaluation exercises, and staging areas for the 
use of the Armed Forces in homeland defense 
missions) at both existing and potential receiv-
ing locations. 
(C) The ability to accommodate contin-
gency, mobilization, surge, and future total 
force requirements at both existing and poten-
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tial receiving locations to support military oper-
ations and training. 
(D) The cost of operations and the man-
power implications. 
(2) ADDITIONAL CRITERIA.—The additional cri-
teria are as follows: 
(A) The extent and timing of potential 
costs and savings, including the number of 
years, beginning with the date of completion of 
the recommended consolidation, closure, or re-
alignment action, for the savings to exceed the 
costs. 
(B) The economic impact on existing com-
munities in the vicinity of the military installa-
tion (including potential impacts to employ-
ment, termination of contractual agreements, 
and closure of commercial facilities ), calculated 
using standardized, federally recognized eco-
nomic impact data when calculating the impact 
on existing communities. 
(C) The impact on homeland security and 
emergency response preparedness in a State or 
region 
(D) The ability of the infrastructure of 
both the existing and potential receiving com-
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munities to support forces, missions, and per-
sonnel. 
(E) The environmental impact, including 
the impact of costs related to potential environ-
mental restoration, waste management, and en-
vironmental compliance activities. 
(b) PRIORITY CONSIDERATIONS.—In making rec-
ommendations for the consolidation, closure, and realign-
ment of military installations, the Secretary shall give pri-
ority consideration to the military value criteria, as speci-
fied in subsection (a)(1). 
(c) CONSIDERATION OF TIME PERIOD FOR ACHIEV-
ING SAVINGS.— 
(1) EMPHASIS ON NET-SAVINGS WITHIN FIVE 
YEARS.—The Secretary shall place an emphasis on 
recommendations for the consolidation, closure, and 
realignment of military installations that will yield 
net-savings within five years of the completion of the 
recommended consolidation, closure, or realignment 
action. 
(2) RECOMMENDATIONS WITH LONG-DELAYED 
NET-SAVINGS.—The Secretary may not make a rec-
ommendation that will not demonstrate net-savings 
within 20 years, unless the Secretary certifies as 
part of the recommendation that the military value 
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of the recommendation supports or enhances a crit-
ical national security interest of the United States. 
(d) COVERED COSTS.—When determining the costs 
associated with a recommendation for the consolidation, 
closure, or realignment of a military installation, the Sec-
retary shall consider costs associated with military con-
struction, information technology, termination of public- 
private contracts, guarantees, and other factors contrib-
uting to the cost of implementing and completing the rec-
ommended consolidation, closure, or realignment action, 
as determined by the Secretary. 
(e) EFFECT ON DEPARTMENT AND OTHER AGENCY 
COSTS.—The final selection criteria relating to the cost 
savings or return on investment from a recommended con-
solidation, closure, or realignment action shall take into 
account the effect of the consolidation, closure, or realign-
ment on the costs of any other activity of the Department 
or any other Federal agency that may be required to as-
sume responsibility for activities performed at the military 
installation to be consolidated, closed, or realigned. 
(f) RELATION TO OTHER MATERIALS.—The final se-
lection criteria shall be the only criteria used, along with 
the force structure plan and the infrastructure inventory, 
in making recommendations for the consolidation, closure, 
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and realignment of military installations inside the United 
States under this Act. 
SEC. 7. MILITARY INFRASTRUCTURE CONSOLIDATION AND 
EFFICIENCY COMMISSION OF 2019. 
(a) CONDITIONAL
APPLICABILITY.—This section 
shall apply only if— 
(1) the Secretary of Defense makes a certifi-
cation under section 3(e) that the need exists for a 
round for the selection of military installations for 
consolidation, closure, or realignment; and 
(2) Congress does not enact a joint resolution 
described in section 4(b) during the period specified 
in section 4(a). 
(b) ESTABLISHMENT
OF INDEPENDENT COMMIS-
SION.—Subject to subsection (a), there shall be estab-
lished an independent commission to carry out the duties 
specified for it in this Act. The Commission shall be known 
as the ‘‘Military Infrastructure Consolidation and Effi-
ciency Commission of 2019’’. 
(c) COMPOSITION AND APPOINTMENT.— 
(1) MEMBERS AND APPOINTMENT.—The Com-
mission shall be composed of nine members ap-
pointed by the President, by and with the advice and 
consent of the Senate. 
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(2) CONSULTATION.—In selecting individuals 
for nomination to be members of the Commission, 
the President should consult with— 
(A) the Speaker of the House of Rep-
resentatives concerning the appointment of two 
members; 
(B) the majority leader of the Senate con-
cerning the appointment of two members; 
(C) the minority leader of the House of 
Representatives concerning the appointment of 
one member; and 
(D) the minority leader of the Senate con-
cerning the appointment of one member. 
(3) CHAIRMAN.—At the time the President 
nominates individuals for appointment to the Com-
mission, the President shall designate one such indi-
vidual who shall serve as the Chairman of the Com-
mission. 
(4) PRIORITY.—The President shall give pri-
ority consideration in the nomination of members of 
the Commission to individuals who— 
(A) have demonstrated expertise regarding 
the current and future operational and training 
requirements of the Armed Forces, professional 
military education, military installation infra-
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structure and environmental management, or 
the socioeconomic impact of military installa-
tions on states, regions, and local communities; 
and 
(B) have not served on a Defense Base 
Closure and Realignment Commission. 
(5) DEADLINE.—If the President does not 
transmit to the Senate the nominations for appoint-
ment to the Commission on or before February 1, 
2019, the process by which military installations 
may be selected for consolidation, closure, or realign-
ment under this Act shall be terminated. 
(6) TERM.—A member of the Commission shall 
serve until the termination of the Commission under 
subsection (i). 
(7) VACANCY.—A vacancy in the Commission 
shall be filled in the same manner as the original ap-
pointment, and the individual appointed to fill the 
vacancy shall serve for the unexpired portion of the 
term of the individual’s predecessor under paragraph 
(6). 
(d) PAY AND TRAVEL EXPENSES.— 
(1) IN GENERAL.—Each member of the Com-
mission, other than the Chairman, shall be paid at 
a rate equal to the daily equivalent of the minimum 
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annual rate of basic pay payable for level IV of the 
Executive Schedule under section 5315 of title 5, 
United States Code, for each day (including travel 
time) during which the member is engaged in the ac-
tual performance of duties vested in the Commis-
sion. 
(2) CHAIRMAN.—The Chairman of the Commis-
sion shall be paid for each day referred to in para-
graph (1) at a rate equal to the daily equivalent of 
the minimum annual rate of basic pay payable for 
level III of the Executive Schedule under section 
5314, of title 5, United States Code. 
(3) TRAVEL EXPENSES.—Members of the Com-
mission shall receive travel expenses, including per 
diem in lieu of subsistence, in accordance with sec-
tions 5702 and 5703 of title 5, United States Code. 
(e) DIRECTOR AND STAFF.— 
(1) DIRECTOR.—The Commission shall appoint, 
without regard to section 5311 of title 5, United 
States Code, a Director who has not served on active 
duty in the Armed Forces or as a civilian employee 
of the Department during the one year period pre-
ceding the date of such appointment. The Director 
shall be paid at the rate of basic pay payable for 
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level IV of the Executive Schedule under section 
5315 of title 5, United States Code. 
(2) STAFF.—Subject to the approval of the 
Commission, the Director may appoint and fix the 
pay of additional staff personnel. The Director may 
make such appointments without regard to the pro-
vision of title 5, United States Code, governing ap-
pointments in the competitive service, and any per-
sonnel so appointment may be paid without regard 
to the provisions of chapter 51 and subchapter III 
of chapter 53 of that title relating to classification 
and General Schedule pay rates, except that an indi-
vidual so appointed may not receive pay in excess of 
the annual rate of basic pay payable for GS–15 of 
the General Schedule. 
(3) DETAILED PERSONNEL.—Upon the request 
of the Director, the head of any Federal department 
of agency may detail any of the personnel of that de-
partment or agency to the Commission to assist the 
Commission in carrying out its duties under this 
Act. The Comptroller General of the United States 
shall provide assistance, including the detailing of 
employees, to the Commission in accordance with an 
agreement entered into with the Commission. 
(4) STAFF RESTRICTIONS.— 
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(A) LIMITATIONS
ON
DETAILEES
FROM 
DEPARTMENT.—Of the personnel employed by 
or detailed to the Commission— 
(i) not more than one-third may be on 
detail from the Department; 
(ii) not more than one-fifth of the pro-
fessional analysts of the Commission staff 
may be on detail from the Department; 
and 
(iii) no person detailed from the De-
partment may be assigned as the lead pro-
fessional analyst with respect to a military 
department or Defense Agency. 
(B) CONFLICT
OF
INTEREST
LIMITA-
TION.—A person may not be detailed from the 
Department to the Commission if, within 12 
months before the detail is to begin, that person 
participated personally and substantially in any 
matter within the Department concerning the 
preparation of recommendations for the consoli-
dation, closure, or realignment of military in-
stallations. 
(C) DUTY LIMITATIONS.—No member of 
the Armed Forces, and no officer or employee 
of the Department, may— 
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(i) prepare any report concerning the 
effectiveness, fitness, or efficiency of the 
performance on the staff of the Commis-
sion of any person detailed from the De-
partment to that staff; 
(ii) review the preparation of such a 
report; or 
(iii) approve or disapprove of such a 
report. 
(D) TIME-PERIOD
LIMITATIONS.—During 
the period beginning January 1, 2020, and end-
ing April 15, 2020, there may not be more than 
15 persons on the staff of the Commission at 
any one time, the staff may only perform such 
functions as are necessary to prepare for the 
termination of the Commission and transfer of 
all records to the Department or national ar-
chives. No member of the Armed Forces and no 
officer or employee of the Department may 
serve on the staff during this time. 
(5) 
STAFF-RELATED
CERTIFICATION.—Not 
later than April 1, 2019, the Chairman of the Com-
mission shall certify to the Secretary and the con-
gressional defense committees whether the Commis-
sion has adequate staff to review the recommenda-
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tions to be submitted by the Secretary pursuant to 
section 8. 
(f) OTHER AUTHORITIES.—To the extent funds are 
available; the Commission may lease space, acquire per-
sonal property, and procure by contract the temporary or 
intermittent services of experts or consultants pursuant to 
section 3109 of title 5, United States Code. 
(g) FUNDING.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Com-
mission such funds as are necessary to carry out its 
duties under this Act. Such funds shall remain avail-
able until expended. 
(2) TRANSFER AUTHORITY.—If no funds are 
appropriated to the Commission by the end of the 
second session of the 115th Congress, the Secretary 
may transfer to the Commission for purposes of its 
activities under this Act such funds as the Commis-
sion may require to carry out such activities. The 
Secretary may make such transfer from any funds 
available to the Secretary. Funds so transferred 
shall remain available to the Commission for such 
purpose until expended. 
(h) PROHIBITION AGAINST RESTRICTING COMMU-
NICATIONS.—Section 1034 of title 10, United States 
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Code, shall apply with respect to communications with the 
Commission. 
(i) TERMINATION.—The Commission shall terminate 
on April 15, 2020. 
SEC. 8. SECRETARY OF DEFENSE RECOMMENDATIONS FOR 
CONSOLIDATION, 
CLOSURE, 
OR 
REALIGN-
MENT OF MILITARY INSTALLATIONS. 
(a) CONDITIONAL
APPLICABILITY.—This section 
shall apply only if— 
(1) the Secretary of Defense makes a certifi-
cation under section 3(e) that the need exists for a 
round for the selection of military installations for 
consolidation, closure, or realignment; 
(2) Congress does not enact a joint resolution 
described in section 4(b) during the period specified 
in section 4(a); and 
(3) the Chairman of the Commission certifies 
under section 7(e)(5) that the Commission has ade-
quate staff to review the recommendations to be sub-
mitted by the Secretary pursuant to this section. 
(b) PUBLICATION
AND
TRANSMITTAL
OF
REC-
OMMENDATIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary shall publish in the Federal Register, 
transmit to the congressional defense committees, 
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and transmit to the Commission a list of the mili-
tary installations inside the United States that the 
Secretary recommends for consolidation, closure, or 
realignment based on the force structure plan, infra-
structure inventory, and final selection criteria. 
(2) DEADLINE.—The publication and trans-
mittal shall occur before the later of the following: 
(A) April 15, 2019. 
(B) 14 days after the Chairman of the 
Commission makes the certification referred to 
in subsection (a)(3). 
(c) TRANSMITTAL
OF ADDITIONAL MATERIALS.— 
Not later than seven days after the date of the transmittal 
of the list of recommendations under subsection (c), the 
Secretary shall transmit to the congressional defense com-
mittees and the Commission the following additional mate-
rials: 
(1) A summary of the selection process that re-
sulted in the recommendation for each military in-
stallation specified in the list of recommendations, 
including a justification for each recommendation 
based on the final selection criteria. 
(2) An estimate of the cost and potential sav-
ings of each recommendation. 
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(3) Standard rules to calculate annual recurring 
savings for manpower base operating costs, utility 
costs, base closure guarantees, service-sharing agree-
ments, and other installation support activities that 
the Secretary will use in the determination of the 
savings derived from a recommendation. 
(d) AVAILABILITY OF INFORMATION.—In addition to 
making all information used by the Secretary to prepare 
the recommendations under this section available to Con-
gress (including any committee or Member of Congress), 
the Secretary shall also make such information available 
to the Commission, the Comptroller General of the United 
States, and the public by means of the Internet or another 
electronic format. This information shall include, but is 
not limited to unclassified assessment data on the current 
condition of facilities and infrastructure, an environmental 
baseline of known or contamination and remediation ac-
tivities, and standard rules used to calculate annual recur-
ring savings. 
(e) CERTIFICATION OF ACCURACY AND COMPLETE-
NESS OF INFORMATION.—When submitting information to 
the Secretary or the Commission concerning the rec-
ommended consolidation, closure, or realignment of a mili-
tary installation, the following individuals shall certify that 
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such information is accurate and complete to the best of 
that person’s knowledge and belief: 
(1) The Secretaries of the military departments. 
(2) The heads of the Defense Agencies. 
(3) Each person whose duties include personal 
and substantial involvement in the preparation and 
submission of information and recommendations 
concerning the consolidation, closure, or realignment 
of military installations, as designated in regulations 
which the Secretary shall prescribe, regulations 
which the Secretary of each military department 
shall prescribe for personnel within that military de-
partment, or regulations which the head of each De-
fense Agency shall prescribe for personnel within 
that Defense Agency. 
(f) PUBLIC AVAILABILITY
OF INFORMATION
AND 
SUBMISSION TO CONGRESS.—Any information provided to 
the Commission by a person described in subsection (d) 
shall also be made available for the public record and be 
submitted in written form to the Senate and the House 
of Representatives to be made available to Members of the 
House concerned in accordance with the rules of that 
House. The information shall be submitted to the Senate 
and the House of Representatives within 48 hours after 
the submission of the information to the Commission. 
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SEC. 9. COMMISSION REVIEW OF SECRETARY OF DEFENSE 
RECOMMENDATIONS FOR CONSOLIDATION, 
CLOSURE, OR REALIGNMENT OF MILITARY 
INSTALLATIONS. 
(a) PUBLIC HEARINGS AND TESTIMONY.—After re-
ceiving the recommendations from the Secretary of De-
fense for the consolidation, closure, and realignment of 
military installations pursuant to section 8, the Commis-
sion shall conduct public hearings on the recommenda-
tions. All testimony before the Commission at a public 
hearing conducted under this subsection shall be presented 
under oath. 
(b) OPEN MEETINGS.—The Commission shall meet 
only during calendar year 2019, and each meeting, other 
than meetings in which classified information is to be dis-
cussed, shall be open to the public. All the proceedings, 
information, and deliberations of the Commission shall be 
open, upon request, to the following: 
(1) The chairmen and ranking members of the 
Committees on Armed Services of the Senate and 
the House of Representatives, or such other mem-
bers of the committees designated by such chairmen 
or ranking members. 
(2) The chairmen and ranking members of the 
Subcommittees on Military Construction, Veterans 
Affairs, and Related Agencies of the Committees on 
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Appropriations of the Senate and the House of Rep-
resentatives, or such other members of the sub-
committees designated by such chairmen or ranking 
members. 
(3) The chairmen and ranking members of the 
Subcommittees on Defense of the Committees on 
Appropriations of the Senate and the House of Rep-
resentatives, or such other members of the sub-
committees designated by such chairmen or ranking 
members. 
(c) COMPTROLLER GENERAL REVIEW AND ASSIST-
ANCE.— 
(1) ASSISTANCE.—The Comptroller General of 
the United States shall assist the Commission, to 
the extent requested, in the Commission’s review of 
the recommendations submitted by the Secretary of 
Defense pursuant to section 8. 
(2) REVIEW.—Not later than 45 days after the 
date on which the Secretary transmits the rec-
ommendations to the Commission pursuant to sub-
section 8(b), the Comptroller General shall transmit 
to Congress and to the Commission a report con-
taining a detailed analysis of the Secretary’s rec-
ommendations, selection process, and standard rules 
to calculate annual recurring savings. 
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(d) REPORT TO PRESIDENT.— 
(1) REPORT REQUIRED; CONTENT.—Subject to 
paragraph (2), the Commission shall transmit to the 
President a report containing— 
(A) the findings and conclusions of the 
Commission based on its review of the rec-
ommendations made by the Secretary pursuant 
to section 8; 
(B) the recommendations of the Commis-
sion for the consolidation, closure, and realign-
ment of military installations inside the United 
States; and 
(C) an explanation and justification of 
each recommendation made by the Commission 
that is different from the Secretary pursuant to 
subsection (e). 
(2) DEADLINE.—The report of the Commission 
shall be transmitted before the later of the following: 
(A) October 1, 2019. 
(B) 180 days after the date on which the 
Secretary transmits the recommendations to the 
Commission pursuant to subsection 8(b). 
(3) AVAILABILITY.—The report of the Commis-
sion also shall be made available to Congress and 
the public by means of the Internet or another elec-
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tronic format on the same date on which the Com-
mission transmits the report to the President. 
(e) CHANGES TO THE SECRETARY’S RECOMMENDA-
TIONS.—In making its recommendations under this sec-
tion, the Commission may make changes, subject to sub-
section (f), in any of the recommendations made by the 
Secretary if the Commission determines that— 
(1) the Secretary deviated substantially from 
the force structure plan or the final selection criteria 
in making the recommendation; or 
(2) a recommendation made by the Secretary 
was justified by assessment data— 
(A) that the Commission determines to be 
invalid; and 
(B) that, if corrected, the Commission de-
termines would significantly impact the military 
value or potential costs and savings of the rec-
ommendation. 
(f) PROCESS FOR MAKING CHANGES.— 
(1) THRESHOLD
FOR
CONSIDERATION.—The 
Commission may not consider making a change in 
the recommendations of the Secretary that would 
add or remove a military installation to the Sec-
retary’s list of recommendations unless— 
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(A) the Commission provides the Secretary 
with at least a 15-day period, before making 
the change, in which to submit an explanation 
of the reasons why— 
(i) in the case of considering a mili-
tary installation for addition, the installa-
tion was not included on the consolidation, 
closure, or realignment list by the Sec-
retary; or 
(ii) in the case of considering a mili-
tary installation for removal, the installa-
tion was included on the consolidation, clo-
sure, or realignment list by the Secretary; 
and 
(B) the decision to add or remove the in-
stallation for Commission consideration is sup-
ported by at least seven members of the Com-
mission. 
(2) REMOVAL OR REDUCTION.—In addition to 
complying with the requirements of subsection (e), 
the Commission may remove a military installation 
from the list of recommendations made by the Sec-
retary, or decrease the extent of a realignment pro-
posed by a particular recommendation, only if the 
decision to remove that recommendation is sup-
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ported by a simple majority of the members of the 
Commission. 
(3) ADDITION
OR
INCREASE.—In addition to 
complying with the requirements of subsection (e), 
the Commission may add a military installation to 
the list of recommendations made by the Secretary, 
or increase the extent of a realignment proposed by 
a particular recommendation, only if— 
(A) the Commission— 
(i) determines that the change is con-
sistent with the force structure plan, infra-
structure inventory, and final selection cri-
teria; 
(ii) publishes a notice of the proposed 
change in the Federal Register not less 
than 45 days before transmitting its rec-
ommendations to the President pursuant 
to subsection (d); and 
(iii) conducts public hearings on the 
proposed change; 
(B) at least two Members of the Commis-
sion visit the military installation before the 
date of the transmittal of the report pursuant 
to subsection (c); and 
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(C) the decision of the Commission to 
make the change is supported by at least seven 
members of the Commission. 
(4) COST
ESTIMATE
REQUIRED.—For each 
change made by the Commission in the rec-
ommendations of the Secretary, the Commission, in 
coordination with the Secretary, shall provide an up-
dated estimated costs to complete the recommended 
consolidation, closure, or realignment action and po-
tential savings of the recommendation. 
(g) RESPONSIBILITY TO RECUSE.— 
(1) IN GENERAL.—A member of the Commis-
sion shall recuse himself or herself from consider-
ation of a matter before the Commission— 
(A) in accordance with section 208 of title 
18, United States Code; and 
(B) in addition, in the event that the mem-
ber is concerned that other circumstances would 
raise a question regarding the legitimacy and 
impartiality of the final recommendations of the 
Commission. 
(2) EXTENT OF RECUSAL.—In recusing himself 
or herself from consideration of a matter before the 
Commission, the member shall not participate in the 
deliberations on, or vote regarding, such a matter. 
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SEC. 10. PRESIDENTIAL REVIEW OF COMMISSION REC-
OMMENDATIONS FOR CONSOLIDATION, CLO-
SURE, OR REALIGNMENT OF MILITARY IN-
STALLATIONS. 
(a) APPROVAL OR DISAPPROVAL.— 
(1) IN GENERAL.—Subject to paragraph (2), 
following receipt of the report of the Commission re-
quired by section 9, the President shall transmit to 
the Commission and to Congress a report containing 
the President’s approval or disapproval of the rec-
ommendations of the Commission for the consolida-
tion, closure, or realignment of military installations. 
(2) DEADLINE.—The report of the President 
shall be transmitted before the later of the following: 
(A) October 15, 2019. 
(B) 14 days after the date on which the 
Commission transmits its recommendations to 
the President pursuant to section 9(d). 
(b) EFFECT OF APPROVAL.—It the President ap-
proves all the recommendations of the Commission, the 
report of the President to Congress under subsection (a) 
shall include— 
(1) a copy of the Commission’s recommenda-
tions; and 
(2) a certification of such approval. 
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(c) EFFECT OF DISAPPROVAL.—If the President dis-
approves the recommendations of the Commission, in 
whole or in part, the report of the President under sub-
section (a) shall include— 
(1) the reasons for disapproval; and 
(2) a certification of such disapproval. 
(d) REVISION.— 
(1) OPPORTUNITY TO REVISE.—If the President 
disapproves the recommendations of the Commis-
sion, the Commission shall transmit to the President 
a revised list of recommendations for the consolida-
tion, closure, and realignment of military installa-
tions before the later of the following: 
(A) November 30, 2019. 
(B) 30 days after the date on which the 
President transmits the disapproval. 
(2) EFFECT OF APPROVAL.—If the President 
approves all of the revised recommendations of the 
Commission transmitted to the President under 
paragraph (1), the President shall transmit to the 
Commission and to Congress a report containing— 
(A) a copy of the revised recommendations; 
and 
(B) a certification of such approval. 
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(3) TERMINATION.—If the President does not 
transmit to Congress the report described in para-
graph (2) by December 31, 2019, the process by 
which military installations may be selected for con-
solidation, closure, or realignment under this Act 
shall be terminated. 
SEC. 11. PROHIBITION ON IMPLEMENTATION OF REC-
OMMENDATIONS PENDING CONGRESSIONAL 
REVIEW. 
(a) OPPORTUNITY FOR CONGRESSIONAL REVIEW.— 
Unless Congress enacts a joint resolution described in sub-
section (b), the Secretary of Defense may begin to take 
the implementation actions described in section 12 after 
the end of a 45-day period beginning on the date on which 
the President submits to the Commission and Congress 
a report containing an approval and certification pursuant 
to section 10, or the adjournment of Congress sine die 
for the session in which the report is transmitted, which-
ever is earlier. 
(b) EFFECT OF PASSAGE OF A JOINT RESOLUTION 
OF DISAPPROVAL.—If a joint resolution disapproving of 
the recommendations of the Commission submitted by the 
President in a report pursuant to section 10 is enacted 
by Congress not later than 45 days after the date of the 
transmission of the report, then the Secretary may not 
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carry out any consolidation, closure, or realignment rec-
ommended by the Commission in the report transmitted 
by the President. 
SEC. 12. IMPLEMENTATION. 
(a) IN GENERAL.—Subject to section 11, the Sec-
retary shall— 
(1) close all military installations recommended 
for closure by the Commission in the report trans-
mitted to the Congress by the President pursuant to 
section 10; 
(2) realign all military installations rec-
ommended for realignment by the Commission in the 
report; 
(3) initiate all such closures and realignments 
no later than two years after the date on which the 
President transmits the report to the Congress that 
contains the recommendations for such closures or 
realignments; 
(4) complete all such closures and realignments 
no later than the end of the 5-year period beginning 
on the date on which the President transmits the re-
port containing the recommendations for such clo-
sures or realignments; and 
(5) develop a schedule and plan for the imple-
mentation of the actions required by the preceding 
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paragraphs in a manner that is suitable for reuse, 
minimizes the time required to dispose of excess and 
surplus real property and maximizes efficiency and 
return on investment. 
(b) ACTIONS TO BE TAKEN.— 
(1) In closing or realigning any military instal-
lation under this Act, the Secretary may take such 
actions as may be necessary for each approved rec-
ommendation to close or realign a military installa-
tion, including the acquisition of such land, the con-
struction of such replacement facilities, the perform-
ance of such activities, and the conduct of such ad-
vance planning and design as may be required to 
transfer the functions from a military installation 
being closed or realigned to another military installa-
tion, and may use for such purposes funds in the 
Account or funds appropriated to the Department of 
Defense for use in planning and design, minor con-
struction, or operation and maintenance. 
(2) Except as provided in section 14(c), in car-
rying out any closure or realignment action under 
this Act, the Secretary may not exceed, by more 
than 25 percent, the total cost specified for such clo-
sure or realignment action in the report transmitted 
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by the Commission to the President pursuant to sec-
tion 9(d). 
(3) In closing or realigning any military instal-
lation under this Act, the Secretary may provide eco-
nomic adjustment assistance to any community lo-
cated near a military installation being closed or re-
aligned, and community planning assistance to any 
community located near a military installation to 
which functions will be transferred as a result of the 
consolidation, closure, or realignment of a military 
installation, if the Secretary determines that the fi-
nancial resources available to the community (by 
grant or otherwise) for such purposes are inad-
equate, and may use for such purposes funds in the 
Account or funds appropriated to the Department of 
Defense for economic adjustment assistance or com-
munity planning assistance. 
(4) In closing or realigning any military instal-
lation under this Act, the Secretary may carry out 
activities for the purposes of environmental restora-
tion and mitigation at any such installation, and 
shall use for such purposes funds both appropriated 
to the Account (reference) and funds deposited in 
the Account from the proceeds of the lease, transfer, 
or disposal of any property at a military installation 
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that is consolidated, closed, or realigned under this 
Act. The Secretary shall ensure that environmental 
restoration of any property made excess to the needs 
of the Department of Defense as a result of such 
consolidation, closure, or realignment be carried out 
as soon as possible to expedite the ability of the re-
development authority to carry out its redevelopment 
plan for the property. 
(5) In closing or realigning any military instal-
lation under this Act, the Secretary may provide 
outplacement assistance to civilian employees em-
ployed by the Department of Defense at military in-
stallations being closed or realigned, an may use for 
such purposes funds in the Account or funds appro-
priated to the Department of Defense for outplace-
ment assistance to employees. 
(6) In closing or realigning any military instal-
lation under this Act, the Secretary may reimburse 
other Federal agencies for actions performed at the 
request of the Secretary with respect to any such 
consolidation, closure, or realignment, and may use 
for such purposes funds in the Account of funds ap-
propriated to the Department of Defense and avail-
able for such purpose. 
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SEC. 13. MANAGEMENT AND DISPOSAL OF PROPERTY. 
(a) ESTABLISHMENT OF A SINGLE PROPERTY DIS-
POSAL AGENCY.—The Secretary shall establish a new 
Field Activity to act as the executive agent for the man-
agement and disposal of real property made excess to the 
needs of the Department in carrying out the actions de-
scribed in section 12. The staff of this Field Activity may 
consist of persons detailed to the field activity by the Army 
Corps of Engineers, Naval Facilities Engineering Com-
mand, the Air Force Installation and Mission Support 
Center, and other Federal departments or agencies to as-
sist in carrying out the Field Activities duties under this 
Act. 
(b) MANAGEMENT AND DISPOSAL OF PROPERTY.— 
(1) The Administrator of General Services shall 
delegate to the Secretary of Defense, with respect to 
excess and surplus real property, facilities, and per-
sonal property located at a military installation 
closed or realigned under this Act— 
(A) the authority of the Administrator to 
utilize excess property under subchapter II of 
chapter 5 of title 40, United States Code; 
(B) the authority of the Administrator to 
dispose of surplus property under subchapter 
III of chapter 5 of title 40, United States Code; 
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(C) the authority to dispose of surplus 
property for public airports under sections 
47151 through 47153 of title 49, United States 
Code; and 
(D) the authority of the Administrator to 
determine the availability of excess or surplus 
real property for wildlife conservation purposes 
in accordance with the Act of May 19, 1948 
(16 U.S.C. 667b). 
(2)(A) Subject to subparagraph (B) and para-
graphs (3), (4), (5), and (6), the Secretary of De-
fense shall exercise the authority delegated to the 
Secretary pursuant to paragraph (1) in accordance 
with— 
(i) all regulations governing the utilization 
of excess property and the disposal of surplus 
property under subtitle I of title 40, United 
States Code; and 
(ii) all regulations governing the convey-
ance and disposal of property under section 
13(g) of the Surplus Property Act of 1944 (50 
U.S.C. App. 1622(g)). 
(B) The Secretary may, with the concurrence of 
the Administrator of General Services— 
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(i) prescribe general policies and methods 
for utilizing excess property and disposing of 
surplus property pursuant to the authority dele-
gated under paragraph (1); and 
(ii) issue regulations relating to such poli-
cies and methods, which shall supersede the 
regulations referred to in subparagraph (A) 
with respect to that authority. 
(C) The Secretary of Defense may transfer real 
property or facilities located at a military installa-
tion to be closed or realigned under this Act, with 
or without reimbursement, to a military department 
or other entity (including a nonappropriated fund in-
strumentality) within the Department of Defense or 
the Coast Guard. 
(D) Before any action may be taken with re-
spect to the disposal of any surplus real property or 
facility located at any military installation to be 
closed or realigned under this Act, the Secretary of 
Defense shall consult with the Governor of the State 
and the heads of the local governments concerned 
for the purpose of considering any plan for the use 
of such property by the local community concerned. 
(E) If a military installation to be closed, re-
aligned, or placed in an inactive status under this 
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Act includes a road used for public access through, 
into, or around the installation, the Secretary of De-
fense shall consult with the Governor of the State 
and the heads of the local governments concerned or 
the purpose of considering the continued availability 
of the road for public use after the installation is 
closed, realigned, or placed in an inactive status. 
(3)(A) Not later than 6 months after the date 
of approval of the consolidation, closure, or realign-
ment of a military installation under this Act, the 
Secretary, in consultation with the redevelopment 
authority with respect to the installation, shall— 
(i) inventory the personal property located 
at the installation; and 
(ii) identify the items (or categories of 
items) of such personal property that the Sec-
retary determines to be related to real property 
and anticipates will support the implementation 
of the redevelopment plan with respect to the 
installation. 
(B) If no redevelopment authority referred to in 
subparagraph (A) exists with respect to an installa-
tion, the Secretary shall consult with— 
(i) the local government in whose jurisdic-
tion the installation is wholly located; or 
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(ii) a local government agency or State 
government agency designated for the purpose 
of such consultation by the chief executive offi-
cer of the State in which the installation is lo-
cated. 
(C)(i) Except as provided in subparagraphs (E) 
and (F), the Secretary may not carry out any of the 
activities referred to in clause (ii) with respect to an 
installation referred to in that clause until the ear-
lier of— 
(I) one week after the date on which the 
redevelopment plan for the installation is sub-
mitted to the Secretary; 
(II) the date on which the redevelopment 
authority notifies the Secretary that it will not 
submit such a plan; 
(III) twenty-four months after the date of 
approval of the consolidation, closure, or re-
alignment of the installation; or 
(IV) ninety days before the date of the 
consolidation, closure, or realignment of the in-
stallation. 
(ii) The activities referred to in clause (i) are 
activities relating to the consolidation, closure, or re-
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alignment of an installation to be closed or realigned 
under this Act as follows: 
(I) The transfer from the installation of 
items of personal property at the installation 
identified in accordance with subparagraph (A). 
(II) The reduction in maintenance and re-
pair of facilities or equipment located at the in-
stallation below the minimum levels required to 
support the use of such facilities or equipment 
for nonmilitary purposes. 
(D) Except as provided in paragraph (4), the 
Secretary may not transfer items of personal prop-
erty located at an installation to be closed or re-
aligned under this Act to another installation, or dis-
pose of such items, if such items are identified in the 
redevelopment plan for the installation as items es-
sential to the reuse or redevelopment of the installa-
tion. In connection with the development of the rede-
velopment plan for the installation, the Secretary 
shall consult with the entity responsible for devel-
oping the redevelopment plan to identify the items of 
personal property located at the installation, if any, 
that the entity desires to be retained at the installa-
tion for reuse or redevelopment of the installation. 
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(E) This paragraph shall not apply to any per-
sonal property located at an installation to be closed 
or realigned under this Act if the property— 
(i) is required for the operation of a unit, 
function, component, weapon, or weapons sys-
tem at another installation; 
(ii) is uniquely military in character, and is 
likely to have no civilian use (other than use for 
its material content or as a source of commonly 
used components); 
(iii) is not required for the reutilization or 
redevelopment of the installation (as jointly de-
termined by the Secretary and the redevelop-
ment authority); 
(iv) is stored at the installation for pur-
poses of distribution (including spare parts or 
stock items); or 
(v)(I) meets known requirements of an au-
thorized program of another Federal depart-
ment or agency for which expenditures for simi-
lar property would be necessary; and 
(II) is the subject of a written request by 
the head of the department or agency. 
(F) Notwithstanding subparagraphs (C)(i) and 
(D), the Secretary may carry out any activity re-
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ferred to in subparagraph (C)(ii) or (D) if the Sec-
retary determines that the carrying out of such ac-
tivity is in the national security interest of the 
United States. 
(4)(A) The Secretary may transfer real prop-
erty and personal property located at a military in-
stallation to be closed or realigned under this Act to 
the redevelopment authority with respect to the in-
stallation for purposes of job generation on the in-
stallation. 
(B) The Secretary may transfer real property 
and personal property located at a military installa-
tion to be closed or realigned under this Act that is 
subject to a ground lease to a military housing pri-
vatization partner established pursuant to the Mili-
tary Housing Privatization Initiative under sub-
chapter IV of Chapter 169 of title 10, United States 
Code to the lessee under such ground lease. 
(C) The transfer of property located at a mili-
tary installation under subparagraph (A) or sub-
paragraph (B) may be for consideration at or below 
the estimated fair market value or without consider-
ation. In determining the amount of consideration to 
be required, the Secretary shall make a good faith 
effort to ensure that the conveyance of the property 
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achieves an economical and appropriate outcome for 
the Department, considering the operations and 
maintenance costs for the Department to continue 
the carry the property on its records and the ability 
to help the redevelopment authority implement its 
approved redevelopment plan. The determination of 
such consideration may account for the economic 
conditions of the local affected community and the 
estimated costs to redevelop the property. The Sec-
retary may accept, as consideration, a share of the 
revenues that the redevelopment authority receives 
from third-party buyers or lessees from sales and 
long-term leases of the conveyed property, a portion 
of the profits obtained over time from the develop-
ment of the conveyed property, consideration in kind 
(including goods and services), real property and im-
provements, or such other consideration as the Sec-
retary considers appropriate. The transfer of prop-
erty located at a military installation under subpara-
graph (A) may be made for consideration below the 
estimated fair market value or without consideration 
only if the redevelopment authority with respect to 
the installation— 
(i) agrees that the proceeds from any sale 
or lease of the property (or any portion thereof) 
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received by the redevelopment authority during 
at least the first seven years after the date of 
the initial transfer of property under subpara-
graph (A) shall be used to support the economic 
redevelopment of, or related to, the installation; 
and 
(ii) executes the agreement for transfer of 
the property and accepts control of the property 
within a reasonable time after the date of the 
property disposal record of decision or finding 
of no significant impact under the National En-
vironmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(D) For purposes of subparagraph (B)(i), the 
use of proceeds from a sale or lease described in 
such subparagraph to pay for, or offset the costs of, 
public investment on or related to the installation 
for any of the following purposes shall be considered 
a use to support the economic redevelopment of, or 
related to, the installation: 
(i) Road construction. 
(ii) Transportation management facilities. 
(iii) Storm and sanitary sewer construc-
tion. 
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(iv) Police and fire protection facilities and 
other public facilities. 
(v) Utility construction. 
(vi) Building rehabilitation. 
(vii) Historic property preservation. 
(viii) Pollution prevention equipment or fa-
cilities. 
(ix) Demolition. 
(x) Disposal of hazardous materials gen-
erated by demolition. 
(xi) Landscaping, grading, and other site 
or public improvements. 
(xii) Planning for or the marketing of the 
development and reuse of the installation. 
(E) The Secretary may recoup from a redevel-
opment authority such portion of the proceeds from 
a sale or lease described in subparagraph (B) as the 
Secretary determines appropriate if the redevelop-
ment authority does not use the proceeds to support 
economic redevelopment of, or related to, the instal-
lation for the period specified in subparagraph (B). 
(F)(i) The Secretary may transfer real property 
at an installation approved for consolidation, closure, 
or realignment under this Act (including property at 
an installation approved for realignment which will 
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be retained by the Department of Defense or an-
other Federal agency after realignment) to the rede-
velopment authority for the installation if the rede-
velopment authority agrees to lease, directly upon 
transfer, one or more portions of the property trans-
ferred under this subparagraph to the Secretary or 
to the head of another department or agency of the 
Federal Government. Subparagraph (B) shall apply 
to a transfer under this subparagraph. 
(ii) A lease under clause (i) shall be for a term 
of not to exceed 50 years, but may provide for op-
tions for renewal or extension of the term by the de-
partment or agency concerned. 
(iii) A lease under clause (i) may not require 
rental payments by the United States. 
(iv) A lease under clause (i) shall include a pro-
vision specifying that if the department or agency 
concerned ceases requiring the use of the leased 
property before the expiration of the term of the 
lease, the remainder of the lease term may be satis-
fied by the same or another department or agency 
of the Federal Government using the property for a 
use similar to the use under the lease. Exercise of 
the authority provided by this clause shall be made 
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in consultation with the redevelopment authority 
concerned. 
(v) Notwithstanding clause (iii), if a lease under 
clause (i) involves a substantial portion of the instal-
lation, the department or agency concerned may ob-
tain facility services for the leased property and 
common area maintenance from the redevelopment 
authority or the redevelopment authority’s assignee 
as a provision of the lease. The facility services and 
common area maintenance shall be provided at a 
rate no higher than the rate charged to non-Federal 
tenants of the transferred property. Facility services 
and common area maintenance covered by the lease 
shall not include— 
(I) municipal services that a State or local 
government is required by law to provide to all 
landowners in its jurisdiction without direct 
charge; or 
(II) firefighting or security-guard func-
tions. 
(G) The transfer of personal property under 
subparagraph (A) shall not be subject to the provi-
sions of subchapters II and III of chapter 5 of title 
40, United States Code, if the Secretary determines 
that the transfer of such property is necessary for 
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the effective implementation of a redevelopment plan 
with respect to the installation at which such prop-
erty is located. 
(H) The provisions of section 120(h) of the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9620(h)) 
shall apply to any transfer of real property under 
this paragraph. 
(I) The Secretary may require any additional 
terms and conditions in connection with a transfer 
under this paragraph as such Secretary considers 
appropriate to protect the interests of the United 
States. 
(5)(A) Except as provided in subparagraphs 
(B) and (C), the Secretary shall take such actions 
as the Secretary determines necessary to ensure that 
final determinations under paragraph (1) regarding 
whether another department or agency of the Fed-
eral Government has identified a use for any portion 
of a military installation to be closed or realigned 
under this Act, or will accept transfer of any portion 
of such installation, are made not later than 6 
months after the date of approval of the consolida-
tion, closure, or realignment of that installation. 
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(B) The Secretary may, in consultation with the 
redevelopment authority with respect to an installa-
tion, postpone making the final determinations re-
ferred to in subparagraph (A) with respect to the in-
stallation for such period as the Secretary deter-
mines appropriate if the Secretary determines that 
such postponement is in the best interests of the 
communities affected by the consolidation, closure, 
or realignment of the installation. 
(C)(i) Before acquiring non-Federal real prop-
erty as the location for a new or replacement Fed-
eral facility of any type, the head of the Federal 
agency acquiring the property shall consult with the 
Secretary regarding the feasibility and cost advan-
tages of using Federal property or facilities at a 
military installation closed or realigned or to be 
closed or realigned under this Act as the location for 
the new or replacement facility. In considering the 
availability and suitability of a specific military in-
stallation, the Secretary and the head of the Federal 
agency involved shall obtain the concurrence of the 
redevelopment authority with respect to the installa-
tion and comply with the redevelopment plan for the 
installation. 
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(ii) Not later than 30 days after acquiring non- 
Federal real property as the location for a new or 
replacement Federal facility, the head of the Federal 
agency acquiring the property shall submit to Con-
gress a report containing the results of the consulta-
tion under clause (i) and the reasons why military 
installations referred to in such clause that are lo-
cated within the area to be served by the new or re-
placement Federal facility or within a 200-mile ra-
dius of the new or replacement facility, whichever 
area is greater, were considered to be unsuitable or 
unavailable for the site of the new or replacement fa-
cility. 
(6)(A) The disposal of buildings and property 
located at installations approved consolidation, clo-
sure, or realignment under this title shall be carried 
out in accordance with this paragraph. 
(B)(i) Not later than the date on which the 
Secretary of Defense completes the final determina-
tions referred to in paragraph (5) relating to the use 
or transferability of any portion of an installation 
covered by this paragraph, the Secretary shall— 
(I) identify the buildings and property at 
the installation for which the Department of 
Defense has a use, for which another depart-
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ment or agency of the Federal Government has 
identified a use, or of which another depart-
ment or agency will accept a transfer; 
(II) take such actions as are necessary to 
identify any building or property at the installa-
tion not identified under subclause (I) that is 
excess property or surplus property; 
(III) submit to the Secretary of Housing 
and Urban Development and to the redevelop-
ment authority for the installation (or the chief 
executive officer of the State in which the in-
stallation is located if there is no redevelopment 
authority for the installation at the completion 
of the determination described in the stem of 
this sentence) information on any building or 
property that is identified under subclause (II); 
and 
(IV) publish in the Federal Register and in 
a newspaper of general circulation in the com-
munities in the vicinity of the installation infor-
mation on the buildings and property identified 
under subclause (II). 
(ii) Upon the recognition of a redevelopment 
authority for an installation covered by this para-
graph, the Secretary of Defense shall publish in the 
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Federal Register and in a newspaper of general cir-
culation in the communities in the vicinity of the in-
stallation information on the redevelopment author-
ity. 
(C)(i) State and local governments, representatives of 
the homeless, and other interested parties located in the 
communities in the vicinity of an installation covered by 
this paragraph shall submit to the redevelopment author-
ity for the installation a notice of the interest, if any, of 
such governments, representatives, and parties in the 
buildings or property, or any portion thereof, at the instal-
lation that are identified under subparagraph (B)(i)(II). 
A notice of interest under this clause shall describe the 
need of the government, representative, or party concerned 
for the buildings or property covered by the notice. 
(ii) The redevelopment authority for an installation 
shall assist the governments, representatives, and parties 
referred to in clause (i) in evaluating buildings and prop-
erty at the installation for purposes of this subparagraph. 
(iii) In providing assistance under clause (ii), a rede-
velopment authority shall— 
(I) consult with representatives of the homeless 
in the communities in the vicinity of the installation 
concerned; and 
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(II) undertake outreach efforts to provide infor-
mation on the buildings and property to representa-
tives of the homeless, and to other persons or enti-
ties interested in assisting the homeless, in such 
communities. 
(iv) It is the sense of Congress that redevelopment 
authorities should begin to conduct outreach efforts under 
clause (iii)(II) with respect to an installation as soon as 
is practicable after the date of approval of closure or re-
alignment of the installation. 
(D)(i) State and local governments, representatives 
of the homeless, and other interested parties shall submit 
a notice of interest to a redevelopment authority under 
subparagraph (C) not later than the date specified for 
such notice by the redevelopment authority. 
(ii) The date specified under clause (i) shall be— 
(I) in the case of an installation for which a re-
development authority has been recognized as of the 
date of the completion of the determinations referred 
to in paragraph (5), not earlier than 3 months and 
not later than 6 months after the date of publication 
of such determination in a newspaper of general cir-
culation in the communities in the vicinity of the in-
stallation under subparagraph (B)(i)(IV); and 
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(II) in the case of an installation for which a 
redevelopment authority is not recognized as of such 
date, not earlier than 3 months and not later than 
6 months after the date of the recognition of a rede-
velopment authority for the installation. 
(iii) Upon specifying a date for an installation under 
this subparagraph, the redevelopment authority for the in-
stallation shall— 
(I) publish the date specified in a newspaper of 
general circulation in the communities in the vicinity 
of the installation concerned; and 
(II) notify the Secretary of Defense of the date. 
(E)(i) In submitting to a redevelopment authority 
under subparagraph (C) a notice of interest in the use 
of buildings or property at an installation to assist the 
homeless, a representative of the homeless shall submit the 
following: 
(I) A description of the homeless assistance 
program that the representative proposes to carry 
out at the installation. 
(II) An assessment of the need for the program. 
(III) A description of the extent to which the 
program is or will be coordinated with other home-
less assistance programs in the communities in the 
vicinity of the installation. 
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(IV) A description of the buildings and property 
at the installation that are necessary in order to 
carry out the program. 
(V) A description of the financial plan, the or-
ganization, and the organizational capacity of the 
representative to carry out the program. 
(VI) An assessment of the time required in 
order to commence carrying out the program. 
(ii) A redevelopment authority may not release to the 
public any information submitted to the redevelopment au-
thority under clause (i)(V) without the consent of the rep-
resentative of the homeless concerned unless such release 
is authorized under Federal law and under the law of the 
State and communities in which the installation concerned 
is located. 
(F)(i) The redevelopment authority for each installa-
tion covered by this paragraph shall prepare a redevelop-
ment plan for the installation. The redevelopment author-
ity shall, in preparing the plan, consider the interests in 
the use to assist the homeless of the buildings and prop-
erty at the installation that are expressed in the notices 
submitted to the redevelopment authority under subpara-
graph (C). 
(ii)(I) In connection with a redevelopment plan for 
an installation, a redevelopment authority and representa-
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tives of the homeless shall prepare legally binding agree-
ments that provide for the use to assist the homeless of 
buildings and property, resources, and assistance on or off 
the installation. The implementation of such agreements 
shall be contingent upon the decision regarding the dis-
posal of the buildings and property covered by the agree-
ments by the Secretary of Defense under subparagraph 
(K) or (L). 
(II) Agreements under this clause shall provide for 
the reversion to the redevelopment authority concerned, or 
to such other entity or entities as the agreements shall 
provide, of buildings and property that are made available 
under this paragraph for use to assist the homeless in the 
event that such buildings and property cease being used 
for that purpose. 
(iii) A redevelopment authority shall provide oppor-
tunity for public comment on a redevelopment plan before 
submission of the plan to the Secretary of Defense and 
the Secretary of Housing and Urban Development under 
subparagraph (G). 
(iv) A redevelopment authority shall complete prepa-
ration of a redevelopment plan for an installation and sub-
mit the plan under subparagraph (G) not later than 9 
months after the date specified by the redevelopment au-
thority for the installation under subparagraph (D). 
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(G)(i) Upon completion of a redevelopment plan 
under subparagraph (F), a redevelopment authority shall 
submit an application containing the plan to the Secretary 
of Defense and to the Secretary of Housing and Urban 
Development. 
(ii) A redevelopment authority shall include in an ap-
plication under clause (i) the following: 
(I) A copy of the redevelopment plan, including 
a summary of any public comments on the plan re-
ceived by the redevelopment authority under sub-
paragraph (F)(iii). 
(II) A copy of each notice of interest of use of 
buildings and property to assist the homeless that 
was submitted to the redevelopment authority under 
subparagraph (C), together with a description of the 
manner, if any, in which the plan addresses the in-
terest expressed in each such notice and, if the plan 
does not address such an interest, an explanation 
why the plan does not address the interest. 
(III) A summary of the outreach undertaken by 
the redevelopment authority under subparagraph 
(C)(iii)(II) in preparing the plan. 
(IV) A statement identifying the representatives 
of the homeless and the homeless assistance plan-
ning boards, if any, with which the redevelopment 
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authority consulted in preparing the plan, and the 
results of such consultations. 
(V) An assessment of the manner in which the 
redevelopment plan balances the expressed needs of 
the homeless and the need of the communities in the 
vicinity of the installation for economic redevelop-
ment and other development. 
(VI) Copies of the agreements that the redevel-
opment authority proposes to enter into under sub-
paragraph (F)(ii). 
(H)(i) Not later than 60 days after receiving a rede-
velopment plan under subparagraph (G), the Secretary of 
Housing and Urban Development shall complete a review 
of the plan. The purpose of the review is to determine 
whether the plan, with respect to the expressed interest 
and requests of representatives of the homeless— 
(I) takes into consideration the size and nature 
of the homeless population in the communities in the 
vicinity of the installation, the availability of existing 
services in such communities to meet the needs of 
the homeless in such communities, and the suit-
ability of the buildings and property covered by the 
plan for the use and needs of the homeless in such 
communities; 
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(II) takes into consideration any economic im-
pact of the homeless assistance under the plan on 
the communities in the vicinity of the installation; 
(III) balances in an appropriate manner the 
needs of the communities in the vicinity of the in-
stallation for economic redevelopment and other de-
velopment with the needs of the homeless in such 
communities; 
(IV) was developed in consultation with rep-
resentatives of the homeless and the homeless assist-
ance planning boards, if any, in the communities in 
the vicinity of the installation; and 
(V) specifies the manner in which buildings and 
property, resources, and assistance on or off the in-
stallation will be made available for homeless assist-
ance purposes. 
(ii) It is the sense of Congress that the Secretary of 
Housing and Urban Development shall, in completing the 
review of a plan under this subparagraph, take into con-
sideration and be receptive to the predominant views on 
the plan of the communities in the vicinity of the installa-
tion covered by the plan. 
(iii) The Secretary of Housing and Urban Develop-
ment may engage in negotiations and consultations with 
a redevelopment authority before or during the course of 
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a review under clause (i) with a view toward resolving any 
preliminary determination of the Secretary that a redevel-
opment plan does not meet a requirement set forth in that 
clause. The redevelopment authority may modify the rede-
velopment plan as a result of such negotiations and con-
sultations. 
(iv) Upon completion of a review of a redevelopment 
plan under clause (i), the Secretary of Housing and Urban 
Development shall notify the Secretary of Defense and the 
redevelopment authority concerned of the determination of 
the Secretary of Housing and Urban Development under 
that clause. 
(v) If the Secretary of Housing and Urban Develop-
ment determines as a result of such a review that a rede-
velopment plan does not meet the requirements set forth 
in clause (i), a notice under clause (iv) shall include— 
(I) an explanation of that determination; and 
(II) a statement of the actions that the redevel-
opment authority must undertake in order to ad-
dress that determination. 
(I)(i) Upon receipt of a notice under subparagraph 
(H)(iv) of a determination that a redevelopment plan does 
not meet a requirement set forth in subparagraph (H)(i), 
a redevelopment authority shall have the opportunity to— 
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(I) revise the plan in order to address the deter-
mination; and 
(II) submit the revised plan to the Secretary of 
Defense and the Secretary of Housing and Urban 
Development. 
(ii) A redevelopment authority shall submit a revised 
plan under this subparagraph to such Secretaries, if at 
all, not later than 90 days after the date on which the 
redevelopment authority receives the notice referred to in 
clause (i). 
(J)(i) Not later than 30 days after receiving a revised 
redevelopment plan under subparagraph (I), the Secretary 
of Housing and Urban Development shall review the re-
vised plan and determine if the plan meets the require-
ments set forth in subparagraph (H)(i). 
(ii) The Secretary of Housing and Urban Develop-
ment shall notify the Secretary of Defense and the redevel-
opment authority concerned of the determination of the 
Secretary of Housing and Urban Development under this 
subparagraph. 
(K)(i) Upon receipt of a notice under subparagraph 
(H)(iv) or (J)(ii) of the determination of the Secretary of 
Housing and Urban Development that a redevelopment 
plan for an installation meets the requirements set forth 
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in subparagraph (H)(i), the Secretary of Defense shall dis-
pose of the buildings and property at the installation. 
(ii) For purposes of carrying out an environmental 
assessment of the closure or realignment of an installa-
tion, the Secretary of Defense shall treat the redevelop-
ment plan for the installation (including the aspects of the 
plan providing for disposal to State or local governments, 
representatives of the homeless, and other interested par-
ties) as part of the proposed Federal action for the instal-
lation. 
(iii) The Secretary of Defense shall dispose of build-
ings and property under clause (i) in accordance with the 
record of decision or other decision document prepared by 
the Secretary in accordance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In 
preparing the record of decision or other decision docu-
ment, the Secretary shall give substantial deference to the 
redevelopment plan concerned. 
(iv) The disposal under clause (i) of buildings and 
property to assist the homeless shall be without consider-
ation. 
(v) In the case of a request for a conveyance under 
clause (i) of buildings and property for public benefit 
under section 550 of title 40, United States Code, or sec-
tions 47151 through 47153 of title 49, United States 
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Code, the sponsoring Federal agency shall use the eligi-
bility criteria set forth in such section or such subchapter 
(as the case may be) to determine the eligibility of the 
applicant and use proposed in the request for the public 
benefit conveyance. The determination of such eligibility 
should be made before submission of the redevelopment 
plan concerned under subparagraph (G). 
(L)(i) If the Secretary of Housing and Urban Devel-
opment determines under subparagraph (J) that a revised 
redevelopment plan for an installation does not meet the 
requirements set forth in subparagraph (H)(i), or if no 
revised plan is so submitted, that Secretary shall— 
(I) review the original redevelopment plan sub-
mitted to that Secretary under subparagraph (G), 
including the notice or notices of representatives of 
the homeless referred to in clause (ii)(II) of that 
subparagraph; 
(II) consult with the representatives referred to 
in subclause (I), if any, for purposes of evaluating 
the continuing interest of such representatives in the 
use of buildings or property at the installation to as-
sist the homeless; 
(III) request that each such representative sub-
mit to that Secretary the items described in clause 
(ii); and 
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(IV) based on the actions of that Secretary 
under subclauses (I) and (II), and on any informa-
tion obtained by that Secretary as a result of such 
actions, indicate to the Secretary of Defense the 
buildings and property at the installation that meet 
the requirements set forth in subparagraph (H)(i). 
(ii) The Secretary of Housing and Urban Develop-
ment may request under clause (i)(III) that a representa-
tive of the homeless submit to that Secretary the following: 
(I) A description of the program of such rep-
resentative to assist the homeless. 
(II) A description of the manner in which the 
buildings and property that the representative pro-
poses to use for such purpose will assist the home-
less. 
(III) Such information as that Secretary re-
quires in order to determine the financial capacity of 
the representative to carry out the program and to 
ensure that the program will be carried out in com-
pliance with Federal environmental law and Federal 
law against discrimination. 
(IV) A certification that police services, fire 
protection services, and water and sewer services 
available in the communities in the vicinity of the in-
stallation concerned are adequate for the program. 
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(iii) Not later than 90 days after the date of the re-
ceipt of a revised plan for an installation under subpara-
graph (J), the Secretary of Housing and Urban Develop-
ment shall— 
(I) notify the Secretary of Defense and the re-
development authority concerned of the buildings 
and property at an installation under clause (i)(IV) 
that the Secretary of Housing and Urban Develop-
ment determines are suitable for use to assist the 
homeless; and 
(II) notify the Secretary of Defense of the ex-
tent to which the revised plan meets the criteria set 
forth in subparagraph (H)(i). 
(iv)(I) Upon notice from the Secretary of Housing 
and Urban Development with respect to an installation 
under clause (iii), the Secretary of Defense shall dispose 
of buildings and property at the installation in consulta-
tion with the Secretary of Housing and Urban Develop-
ment and the redevelopment authority concerned. 
(II) For purposes of carrying out an environmental 
assessment of the closure or realignment of an installa-
tion, the Secretary of Defense shall treat the redevelop-
ment plan submitted by the redevelopment authority for 
the installation (including the aspects of the plan pro-
viding for disposal to State or local governments, rep-
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resentatives of the homeless, and other interested parties) 
as part of the proposed Federal action for the installation. 
The Secretary of Defense shall incorporate the notification 
of the Secretary of Housing and Urban Development 
under clause (iii)(I) as part of the proposed Federal action 
for the installation only to the extent, if any, that the Sec-
retary of Defense considers such incorporation to be ap-
propriate and consistent with the best and highest use of 
the installation as a whole, taking into consideration the 
redevelopment plan submitted by the redevelopment au-
thority. 
(III) The Secretary of Defense shall dispose of build-
ings and property under subclause (I) in accordance with 
the record of decision or other decision document prepared 
by the Secretary in accordance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In 
preparing the record of decision or other decision docu-
ment, the Secretary shall give deference to the redevelop-
ment plan submitted by the redevelopment authority for 
the installation. 
(IV) The disposal under subclause (I) of buildings 
and property to assist the homeless shall be without con-
sideration. 
(V) In the case of a request for a conveyance under 
subclause (I) of buildings and property for public benefit 
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under section 550 of title 40, United States Code, or sec-
tions 47151 through 47153 of title 49, United States 
Code, the sponsoring Federal agency shall use the eligi-
bility criteria set forth in such section or such subchapter 
(as the case may be) to determine the eligibility of the 
applicant and use proposed in the request for the public 
benefit conveyance. The determination of such eligibility 
should be made before submission of the redevelopment 
plan concerned under subparagraph (G). 
(M)(i) In the event of the disposal of buildings and 
property of an installation pursuant to subparagraph (K) 
or (L), the redevelopment authority for the installation 
shall be responsible for the implementation of and compli-
ance with agreements under the redevelopment plan de-
scribed in that subparagraph for the installation. 
(ii) If a building or property reverts to a redevelop-
ment authority under such an agreement, the redevelop-
ment authority shall take appropriate actions to secure, 
to the maximum extent practicable, the utilization of the 
building or property by other homeless representatives to 
assist the homeless. A redevelopment authority may not 
be required to utilize the building or property to assist 
the homeless. 
(N) The Secretary of Defense may postpone or ex-
tend any deadline provided for under this paragraph in 
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the case of an installation covered by this paragraph for 
such period as the Secretary considers appropriate if the 
Secretary determines that such postponement is in the in-
terests of the communities affected by the closure or re-
alignment of the installation. The Secretary shall make 
such determinations in consultation with the redevelop-
ment authority concerned and, in the case of deadlines 
provided for under this paragraph with respect to the Sec-
retary of Housing and Urban Development, in consulta-
tion with the Secretary of Housing and Urban Develop-
ment. 
(O) For purposes of this paragraph, the term ‘‘com-
munities in the vicinity of the installation’’, in the case 
of an installation, means the communities that constitute 
the political jurisdictions (other than the State in which 
the installation is located) that comprise the redevelop-
ment authority for the installation. 
(P) For purposes of this paragraph, the term ‘‘other 
interested parties’’, in the case of an installation, includes 
any parties eligible for the conveyance of property of the 
installation under section 550 of title 40, United States 
Code, or sections 47151 through 47153 of title 49, United 
States Code, whether or not the parties assist the home-
less. 
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