(c) APPLICABILITY OF NATIONAL ENVIRONMENTAL 
POLICY ACT OF 1969.—(1) The provisions of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) shall not apply to the actions of the President, the 
Commission, and, except as provided in paragraph (2), the 
Department of Defense in carrying out this Act. 
(2)(A) The provisions of the National Environmental 
Policy Act of 1969 shall apply to actions of the Depart-
ment of Defense under this Act— 
(i) during the process of property disposal; and 
(ii) during the process of relocating functions 
from a military installation being closed or realigned 
to another military installation after the receiving in-
stallation has been selected but before the functions 
are relocated. 
(B) In applying the provisions of the National Envi-
ronmental Policy Act of 1969 to the processes referred 
to in subparagraph (A), the Secretary of Defense and the 
Secretary of the military departments concerned shall not 
have to consider— 
(i) the need for closing or realigning the mili-
tary installation which has been recommended for 
the consolidation, closure, or realignment by the 
Commission; 
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(ii) the need for transferring functions to any 
military installation which has been selected as the 
receiving installation; or 
(iii) military installations alternative to those 
recommended or selected. 
(3) A civil action for judicial review, with respect to 
any requirement of the National Environmental Policy Act 
of 1969 to the extent such Act is applicable under para-
graph (2), of any act or failure to act by the Department 
of Defense during the closing, realigning, or relocating of 
functions referred to in clauses (i) and (ii) of paragraph 
(2)(A), may not be brought more than 60 days after the 
date of such act or failure to act. 
(d) WAIVER.—The Secretary of Defense may close or 
realign military installations under this Act without regard 
to— 
(1) any provision of law restricting the use of 
funds for closing or realigning military installations 
included in any appropriations or authorization Act; 
and 
(2) sections 2662 and 2687 of title 10, United 
States Code. 
(e) TRANSFER AUTHORITY IN CONNECTION WITH 
PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.— 
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(1)(A) Subject to paragraph (2) of this sub-
section and section 120(h) of the Comprehensive En-
vironmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9620(h)), the Secretary may 
enter into an agreement to transfer by deed real 
property or facilities referred to in subparagraph (B) 
with any person who agrees to perform all environ-
mental restoration, waste management, and environ-
mental compliance activities that are required for 
the property or facilities under Federal and State 
laws, administrative decisions, agreements (including 
schedules and milestones), and concurrences. 
(B) The real property and facilities referred to 
in subparagraph (A) are the real property and facili-
ties located at an installation closed or to be closed, 
or realigned or to be realigned, under this Act that 
are available exclusively for the use, or expression of 
an interest in a use, of a redevelopment authority 
under subsection (b)(6)(F) during the period pro-
vided for that use, or expression of interest in use, 
under that subsection. The real property and facili-
ties referred to in subparagraph (A) are also the real 
property and facilities located at an installation ap-
proved for consolidation, closure, or realignment 
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under this Act after 2001 that are available for pur-
poses other than to assist the homeless. 
(C) The Secretary may require any additional 
terms and conditions in connection with an agree-
ment authorized by subparagraph (A) as the Sec-
retary considers appropriate to protect the interests 
of the United States. 
(2) A transfer of real property or facilities may 
be made under paragraph (1) only if the Secretary 
certifies to Congress that— 
(A) the costs of all environmental restora-
tion, waste management, and environmental 
compliance activities otherwise to be paid by the 
Secretary with respect to the property or facili-
ties are equal to or greater than the fair market 
value of the property or facilities to be trans-
ferred, as determined by the Secretary; or 
(B) if such costs are lower than the fair 
market value of the property or facilities, the 
recipient of the property or facilities agrees to 
pay the difference between the fair market 
value and such costs. 
(3) In the case of property or facilities covered 
by a certification under paragraph (2)(A), the Sec-
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retary may pay the recipient of such property or fa-
cilities an amount equal to the lesser of— 
(A) the amount by which the costs in-
curred by the recipient of such property or fa-
cilities for all environmental restoration, waste, 
management, and environmental compliance ac-
tivities with respect to such property or facili-
ties exceed the fair market value of such prop-
erty or facilities as specified in such certifi-
cation; or 
(B) the amount by which the costs (as de-
termined by the Secretary) that would other-
wise have been incurred by the Secretary for 
such restoration, management, and activities 
with respect to such property or facilities exceed 
the fair market value of such property or facili-
ties as so specified. 
(4) As part of an agreement under paragraph 
(1), the Secretary shall disclose to the person to 
whom the property or facilities will be transferred 
any information of the Secretary regarding the envi-
ronmental restoration, waste management, and envi-
ronmental compliance activities described in para-
graph (1) that relate to the property or facilities. 
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The Secretary shall provide such information before 
entering into the agreement. 
(5) Nothing in this subsection shall be con-
strued to modify, alter, or amend the Comprehensive 
Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601 et seq.) or the 
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 
(6) Section 330 of the National Defense Au-
thorization Act for Fiscal Year 1993 (Public Law 
102–484; 10 U.S.C. 2687 note) shall not apply to 
any transfer under this subsection to persons or en-
tities described in subsection (a)(2) of such section 
330, except in the case of releases or threatened re-
leases not disclosed pursuant to paragraph (4). 
SEC. 14. ACCOUNT. 
(a) ESTABLISHMENT.— 
(1) If the Secretary makes the certification re-
quired under section (1)(d), there shall be estab-
lished on the books of the Treasury an account to 
be known as the ‘‘Military Infrastructure Consolida-
tion and Efficiency 2019.’’ The Account shall be ad-
ministered by the Secretary as a single account. 
(2) There shall be deposited into the Account— 
(A) funds authorized for an appropriated 
to the Account; 
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(B) any funds that the Secretary may, 
subject to approval in an appropriations Act, 
transfer to the Account from funds appro-
priated to the Department of Defense for any 
purpose, except that such funds may be trans-
ferred only after the date on which the Sec-
retary transmits written notice of, and justifica-
tion for, such transfer to the congressional de-
fense committees; and 
(C) except as provided in subsection (c), 
proceeds received from the lease, transfer, or 
disposal of any property at a military installa-
tion that is consolidated, closed, or realigned 
under this Act. 
(3) The Account shall be closed at the time and 
in the manner provided for appropriation accounts 
under section 1555 of title 31, United States Code. 
Unobligated funds which remain in the Account 
upon the closure shall be held by the Secretary of 
the Treasury until transferred by law after the con-
gressional defense committees receive the final re-
port transmitted under section 14(a)(3). 
(b) USE OF FUNDS.— 
(1) In such amounts as may be provided in ad-
vance in appropriation Acts, the Secretary may use 
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the Account only for the purposes described in sec-
tion 12 with respect to military installations ap-
proved for consolidation, closure, or realignment 
under this Act. 
(2) When a decision is made to use funds in the 
Account to carry out a military construction project 
under section 11(b)(1) and the cost of the project 
will exceed the maximum amount authorized by law 
for a minor military construction project, the Sec-
retary shall notify, in writing, the congressional de-
fense committees of the nature of, and justification 
for, the project and the amount of expenditures for 
such project. Any such project may be carried out 
without regard to section 2802(a) of title 10, United 
States Code. 
(c) AUTHORIZED COST VARIATIONS.— 
(1) MAXIMUM
INCREASE.—Subject to para-
graph (2), the total cost authorized for a closure or 
realignment action to be carried out using funds in 
the Account may not be increased by more than 25 
percent of the amount specified for such closure or 
realignment action in the report transmitted by the 
Commission to the President pursuant to section 
9(d). 
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(2) EXCEPTION.—The limitation on cost vari-
ations in paragraph (1) shall not apply if— 
(A) the Secretary of Defense notifies the 
congressional defense committees, in writing, of 
the cost increase and the reason therefor and 
certifies that the increased cost is necessary in 
order to implement the recommendation; and 
(B) a period of 60 days has elapsed after 
the date on which such notification is provided 
or, if the notification is provided in an elec-
tronic medium pursuant to section 480 of title 
10, United States Code, a period of 45 days has 
elapsed. 
(d) DISPOSAL
OR
TRANSFER
OF
COMMISSARY 
STORES
AND
PROPERTY
PURCHASED
WITH
NON-
APPROPRIATED FUNDS.— 
(1) If any real property or facility acquired, 
constructed, or improved (in whole or in part) with 
commissary store funds or nonappropriated funds is 
transferred or disposed of in connection with the 
consolidation, closure, or realignment of a military 
installation under this Act, a portion of the proceeds 
of the transfer or other disposal of property on that 
installation shall be deposited in the reserve account 
established under section 204(b)(7)(C) of the De-
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fense Authorization Amendments and Base Closure 
and Realignment Act (10 U.S.C. 2687 note). 
(2) The amount so deposited shall be equal to 
the depreciated value of the investment made with 
such funds in the acquisition, construction, or im-
provement of that particular real property or facility. 
The depreciated value of the investment shall be 
computed in accordance with regulations prescribed 
by the Secretary of Defense. 
(3) In such amounts as may be provided in ad-
vance in appropriations Acts, the Secretary may use 
amounts in the reserve account for the purpose of 
acquiring, constructing, and improving commissary 
stores and real property and facilities for non-
appropriated fund instrumentalities. 
(e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR 
ENVIRONMENTAL RESTORATION PROJECTS.—Except for 
funds deposited into the Account under subsection (a), 
funds appropriated to the Department of Defense may not 
be used for purposes described in section 12. The prohibi-
tion in this subsection shall expire upon the closure of the 
account under subsection (a)(3). 
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SEC. 15. RESTRICTION ON OTHER BASE CLOSURE AUTHOR-
ITY. 
(a) IN GENERAL.—Except as provided in subsection 
(c), during the period beginning on the date of enactment 
of this Act, and ending on April 15, 2020, this Act shall 
be the exclusive authority for selecting for consolidation, 
closure, or realignment, or for carrying out any consolida-
tion, closure, or realignment of, a military installation in-
side the United States. 
(b) RESTRICTION.—Except as provided in subsection 
(c), none of the funds available to the Department may 
be used, other than under this Act, during the period spec-
ified in subsection (a)— 
(1) to identify, through any transmittal to the 
Congress or through any other public announcement 
or notification, any military installation inside the 
United States as an installation to be consolidated, 
closed, or realigned, or as an installation under con-
sideration for consolidation, closure, or realignment; 
or 
(2) to carry out any consolidation, closure, or 
realignment of a military installation inside the 
United States. 
(c) EXCEPTION.—Nothing in this title affects the au-
thority of the Secretary of Defense to carry out closures 
or realignments to which section 2687 of title 10, United 
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States Code, is not applicable, including closures and re-
alignments carried out for reasons of national security or 
a military emergency referred to in subsection (c) of such 
section. 
SEC. 16. REQUIRED REPORTS. 
(a) MILITARY
INFRASTRUCTURE
CONSOLIDATION 
AND EFFICIENCY ACCOUNT.— 
(1) REPORT REQUIRED.—No later than 60 days 
after the end of each fiscal year in which the Sec-
retary carries out activities under this Act using 
amounts in the Account, the Secretary of Defense 
shall transmit a report to the congressional defense 
committees of— 
(A) the amount and nature of the deposits 
into, and the expenditures from, the Account 
during such fiscal year; 
(B) the amount and nature of other ex-
penditures made pursuant to section 12 during 
such fiscal year; 
(C) the amount and nature of anticipated 
deposits to be made into, and the anticipated 
expenditures to be made from, the Account dur-
ing the first fiscal year commencing after the 
submission of the report; and 
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(D) the amount and nature of anticipated 
expenditures to be made pursuant to section 12 
during the first fiscal year commencing after 
the submission of the report. 
(2) ADDITIONAL ELEMENTS OF REPORT.—The 
report for a fiscal year shall include the following: 
(A) The obligations and expenditures from 
the Account during the fiscal year, identified by 
subaccount and installation, for each military 
department and Defense Agency. 
(B) The fiscal year in which appropriations 
for such expenditures were made and the fiscal 
year in which funds were obligated for such ex-
penditure. 
(C) Each military construction project for 
which such obligations and expenditures were 
made, identified by installation and project title. 
(D) A description and explanation of the 
extent, if any, to which expenditures for mili-
tary construction projects for the fiscal year dif-
fered from proposals for projects and funding 
levels that were included in the justification 
transmitted to Congress under subsection (b), 
or otherwise, for the funding proposals for the 
Account for such fiscal year, including expla-
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nations of any failure to carry out military con-
struction projects that were so proposed and 
any expenditures for military construction 
projects that were not so proposed. 
(E) An estimate of the net revenues to be 
received from property disposals to be com-
pleted during the first fiscal year commencing 
after the submission of the report at military 
installations approved for consolidation, closure, 
or realignment under this Act. 
(3) FINAL REPORT.—Not later than 60 days 
after the closure of the Account under section 14, 
the Secretary shall transmit to the congressional de-
fense committees a report containing an accounting 
of all the funds deposited into and expended from 
the Account or otherwise expended under this Act 
with respect to such installations, and any amount 
remaining in the account. 
(b) ANNUAL MILITARY INFRASTRUCTURE CONSOLI-
DATION AND EFFICIENCY IMPLEMENTATION REPORT.— 
As part of the budget request for fiscal year 2021, and 
for each fiscal year thereafter through fiscal year 2032, 
for the Department, the Secretary shall transmit to the 
congressional defense committees— 
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(1) a schedule of the closure actions to be car-
ried out under this Act in the fiscal year for which 
the request is made and an estimate of the total ex-
penditures required and cost savings to be achieved 
by each such closure and of the time period in which 
these savings are to be achieved in each case, to-
gether with the Secretary’s assessment of the envi-
ronmental effects of such actions; 
(2) a description of the military installations, 
including those under construction and those 
planned for construction, to which functions are to 
be transferred as a result of such closure, together 
with the Secretary’s assessment of the environmental 
effects of such transfers; 
(3) a description of the closure actions already 
carried out at each military installation since the 
date of the installation’s approval for closure under 
this Act and the current status of the closure of the 
installation, including whether— 
(A) a redevelopment authority has been 
recognizes by the Secretary for the installation; 
(B) the screening of property at the instal-
lation for other Federal use has been com-
pleted; and 
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(C) a redevelopment plan has been agreed 
to by the redevelopment authority for the in-
stallation; 
(4) a description of redevelopment plans for 
military installations approved for closure under this 
Act, the quantity of property remaining to be dis-
posed of at each installation as part of its closure, 
and the quantity of property already disposed of at 
each installation; 
(5) a list of Federal agencies that have re-
quested property during the screening process for 
each military installation approved for closure under 
this Act, including the date of transfer or antici-
pated transfer of the property to such agencies, the 
acreage involved in such transfers, and an expla-
nation for any delays in such transfer; 
(6) a list of known environmental remediation 
issues at each military installation approved for clo-
sure under this Act, including the acreage affected 
by these issues, an estimate of the cost to complete 
such environmental remediation, and the plans (and 
timelines) to address such environmental remedi-
ation; and 
(7) an estimate of the date for the completion 
of all closure actions at each military installation ap-
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proved for consolidation, closure, or realignment 
under this Act. 
SEC. 17. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Account’’ means the Military In-
frastructure Consolidation and Efficiency Account 
established by section 14(a). 
(2) The term ‘‘congressional defense commit-
tees’’ means the Committees on Armed Services and 
the Committees on Appropriations of the Senate and 
the House of Representatives. 
(3) The term ‘‘Commission’’ means the Military 
Infrastructure Consolidation and Efficiency Commis-
sion of 2019 established by section 7. 
(4) The term ‘‘date of approval’’, with respect 
to a consolidation, closure, or realignment of a mili-
tary installation, means the date on which the au-
thority of Congress to disapprove a recommendation 
of consolidation, closure, or realignment, as the case 
may be, of such installation under this Act expires. 
(5) The term ‘‘Department’’ means the Depart-
ment of Defense. 
(6) The term ‘‘final selection criteria’’ means 
the final selection criteria specified in section 6, 
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which consists of military value criteria and certain 
additional criteria. 
(7) The term ‘‘force structure plan’’ means the 
force structure plan developed by the Secretary 
under section 3(a). 
(8) The term ‘‘infrastructure inventory’’ means 
the infrastructure inventory conducted by the Sec-
retary under section 3(b). 
(9) The term ‘‘military installation’’ means a 
base, camp, post, station, yard, center, homeport fa-
cility for any ship, or other activity under the juris-
diction of the Department, including any leased fa-
cility. Such term does not include any facility used 
primarily for civil works, rivers and harbors projects, 
flood control, or other projects not under the pri-
mary jurisdiction or control of the Department. 
(10) The term ‘‘realignment’’ includes any ac-
tion which both reduces and relocates functions and 
civilian personnel positions but does not include a re-
duction in force resulting from workload adjust-
ments, reduced personnel or funding levels, or skill 
imbalances. 
(11) The term ‘‘redevelopment authority’’, in 
the case of a military installation to be closed or re-
aligned under this Act, means any entity (including 
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100 
an entity established by a State or local government) 
recognized by the Secretary of Defense as the entity 
responsible for developing the redevelopment plan 
with respect to the military installation or for direct-
ing the implementation of the redevelopment plan. 
(12) The term ‘‘redevelopment plan’’, in the 
case of a military installation to be closed or re-
aligned under this Act, means a plan that— 
(A) is agreed to by the local redevelopment 
authority with respect to the military installa-
tion; and 
(B) provides for the reuse or redevelop-
ment of the real property and personal property 
of the military installation that is available for 
such reuse and redevelopment as a result of the 
consolidation, closure, or realignment of the 
military installation. 
(13) The term ‘‘representative of the homeless’’ 
has the meaning given such term in section 
501(i)(4) of the Stewart B. McKinney Homeless As-
sistance Act (42 U.S.C. 11411(i)(4)). 
(14) The term ‘‘Secretary’’ means the Secretary 
of Defense. 
(15) The term ‘‘United States’’ means the 50 
States, the District of Columbia, the Commonwealth 
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101 
of Puerto Rico, Guam, the Virgin Islands, American 
Samoa, the Virgin Islands of the United States, the 
Commonwealth of the Northern Mariana Islands, 
and any other commonwealth, territory, or posses-
sion of the United States. 
SEC. 18. TREATMENT AS A BASE CLOSURE LAW FOR PUR-
POSES OF OTHER PROVISIONS OF LAW. 
(a) DEFINITION OF ‘‘BASE CLOSURE LAW’’ IN TITLE 
10.—Section 101(a)(17) of title 10, United States Code, 
is amended by adding at the end the following new sub-
paragraph: 
‘‘(D) Military Infrastructure Consolidation 
and Efficiency Act of 2016.’’. 
(b) DEFINITION
OF ‘‘BASE CLOSURE LAW’’ IN 
OTHER LAWS.— 
(1) Section 131(b) of Public Law 107–249 (10 
U.S.C. 221 note) is amended by striking ‘‘means’’ 
and all that follows and inserting ‘‘has the meaning 
given the term ‘base closure law’ in section 
101(a)(17) of title 10, United States Code.’’. 
(2) Section 1334(k)(1) of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 
103–160; 10 U.S.C. 2701 note) is amended by add-
ing at the end the following new subparagraph: 
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102 
‘‘(C) Military Infrastructure Consolidation 
and Efficiency Act of 2016.’’. 
(3) Section 2918(a)(1) of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 
103–160; 10 U.S.C. 2687 note) is amended by add-
ing at the end the following new subparagraph: 
‘‘(C) Military Infrastructure Consolidation 
and Efficiency Act of 2016.’’. 
SEC. 19. CONFORMING AMENDMENTS. 
(a) DEPOSIT AND USE OF LEASE PROCEEDS.—Sec-
tion 2667(e) of title 10, United States Code, is amended— 
(1) in paragraph (5), by striking ‘‘on or after 
January 1, 2005,’’ and inserting ‘‘from January 1, 
2005 through December 31, 2005,’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) Money rentals received by the United 
States from a lease under subsection (g) at a mili-
tary installation approved for consolidation, closure, 
or realignment under a base closure law on or after 
January 1, 2006, shall be deposited into the Account 
established under section 14(a) of the Military Infra-
structure Consolidation and Efficiency Act of 
2016.’’. 
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103 
(b) REQUESTS BY PUBLIC AGENCIES FOR PROPERTY 
FOR PUBLIC AIRPORTS.—Section 47151(g) of title 49, 
United States Code, is amended by striking ‘‘section 2687 
of title 10, section 201 of the Defense Authorization 
Amendments and Base Closure and Realignment Act (10 
U.S.C. 2687 note), or section 2905 of the Defense Base 
Closure and Realignment Act of 1990 (10 U.S.C. 2687 
note)’’ and inserting ‘‘a base closure law, as that term is 
defined in section 101(a)(17) of title 10,’’. 
(c) RESTORED LEAVE.—Section 6304(d)(3)(A) of 
title 5, United States Code, is amended by striking ‘‘the 
Defense Base Closure and Realignment Act of 1990 (part 
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 
note)’’ and inserting ‘‘a base closure law, as that term is 
defined in section 101(a)(17) of title 10,’’. 
Æ 
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smartinez on DSK3GLQ082PROD with BILLS