,i #aaeth ,,congress #ast ,session ,h4 ,r4 #gec ,,in ,,the ,,house ,,of ,,representatives ,january #ca1 #bjag,mr4 ,smith of ,washington 7for himself1 ,mrs4 ,davis of ,california1 ,mr4 ,cooper1 ,ms4 ,bordallo1 ,ms4 ,speier1 ,mr4 ,o',rourke1 ,mr4 ,khanna1 ,mr4 ,heck1 and ,mr4 ,visclosky7 introduced the following bill2 which was referred to the ,committee on ,armed ,services1 and in addition to the ,committee on ,appropriations1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a fair and transparent process that will result in the timely consolidation1 closure1 and realignment of military installations inside the ,united ,states and will realize improved efficiencies in the cost and management of military installations1 and for other purposes4 #a4 ,short title and table of contents 7a7 ,short title ,this ,act may be cited as the ,military ,infrastructure ,consolidation and ,efficiency ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title and table of contents4 ,sec4 #b4 ,findings and purpose4 ,sec4 #c4 ,force structure plan1 infrastructure inventory1 and certification of need for consolidation1 closure1 and realignment of military installations4 ,sec4 #d4 ,time period to allow congressional review4 ,sec4 #e4 ,recommendations for consolidation1 closure1 or realignment of military installations4 ,sec4 #f4 ,final selection criteria for making recommendations for consolidation1 closure1 and realignment of military installations4 ,sec4 #g4 ,military ,infrastructure ,consolidation and ,efficiency ,commission of #bjai4 ,sec4 #h4 ,secretary of ,defense recommendations for consolidation1 closure1 or realignment of military installations4 ,sec4 #i4 ,commission review of ,secretary of ,defense recommendations for consolidation1 closure1 or realignment of military installations4 ,sec4 #aj4 ,presidential review of ,commission recommendations for consolidation1 closure1 or realignment of military installations4 ,sec4 #aa4 ,prohibition on implementation of recommendations pending congressional review4 ,sec4 #ab4 ,implementation4 ,sec4 #ac4 ,management and disposal of property4 ,sec4 #ad4 ,account4 ,sec4 #ae4 ,restriction on other base closure authority4 ,sec4 #af4 ,required reports4 ,sec4 #ag4 ,definitions4 ,sec4 #ah4 ,treatment as a base closure law for purposes of other provisions of law4 ,sec4 #ai4 ,conforming amendments4 #b4 ,findings and purpose 7a7 ,findings ,congress makes the following findings3 7#a7 ,the ,department of ,defense has requested legislation to authorize a new round of base realignments and closures 7,,brac7 as part of each budget request since fiscal year #bjac4 7#b7 ,the ,department of ,defense request for a new ,,brac round is based on the ,department's analysis that-- 7,a7 there is infrastructure capacity excess to military requirements2 and 7,b7 the funds required to sustain this excess infrastructure capacity could be better spent on other national security priorities4 7#c7 ,in testimony before the ,committee on ,armed ,services of the ,house of ,representatives on ,march #bb1 #bjaf1 ,secretary of ,defense ,ashton ,carter stated that we need to stop spending so much money to hold on to bases we don't need and that we have more bases in more places than we need4 7#d7 ,according to an ,april #bjaf infrastructure capacity analysis conducted by the ,department of ,defense using projected fiscal year #bjai force structure levels1 overall the ,department has approximately #bb-percent excess capacity1 of which approximately #cc percent is excess ,army capacity1 #g percent is excess ,navy capacity1 #cb percent is excess ,air ,force capacity1 and #ab percent is excess capacity of the ,defense ,logistics ,agency4 7#e7 ,in a time when the ,department of ,defense is facing significant budget pressures1 the ,department is being required to expend valuable resources to maintain infrastructure capacity in excess of ,department requirements instead of investing these valuable resources in meeting urgent readiness and training requirements or other priorities within the ,department4 7#f7 ,while the ,department of ,defense has already undertaken a number of initiatives to reduce the ,department's overseas infrastructure footprint1 including the ,european ,infrastructure ,consolidation review and the relocation and consolidation of military facilities in ,japan and the ,republic of ,korea1 the ,department's ability to take similar actions regarding military installation inside the ,united ,states is extremely limited without specific authorization from ,congress4 7#g7 ,in testimony before the ,committee on ,armed ,services of the ,house of ,representatives on ,march #bb1 #bjaf1 ,john ,conger1 who was performing the duties of the ,assistant ,secretary of ,defense for ,energy1 ,installations and ,environment1 testified that by reducing excess infrastructure capacity by only #e percent1 the ,department of ,defense expected it could realize #b billion a year in annual recurring savings4 7#h7 ,a #e-percent reduction in excess infrastructure can be managed in a strategic and cost-effective manner while ensuring appropriate infrastructure capacity remains for potential growth in military force structure or future contingency needs of the ,department of ,defense4 7#i7 ,while concerns have been raised about the costs and schedule associated with the #bjje ,,brac round1 the majority of the recommendations of that round were focused on transformation and realignment rather than efficiency and closure4 7#aj7 ,as such1 congressional authorization for the next ,,brac round must include additional oversight and controls on costs and provide sufficient guidance and authority to ensure that the ,department of ,defense focuses on recommendations that result in efficiencies and financial savings for the ,department4 7#aa7 ,furthermore1 congressional authorization must ensure that the process for developing recommendations to consolidate1 close1 or realign military installations is independent1 impartial1 and transparent4 7#ab7 ,in a time when the ,department of ,defense needs to reduce excess infrastructure capacity and realize efficiencies in its real property inventory1 this ,act provides the most transparent means to do so while also affording an independent commission1 ,congress1 and community groups a significant voice and role in the process4 7b7 ,purpose ,the purpose of this ,act is to provide a fair and transparent process that will allow the ,department of ,defense-- 7#a7 to consolidate1 close1 or realign military installations within the ,united ,states2 and 7#b7 as a result of such consolidation1 closure1 and realignment1 to realize efficiencies and savings that can be reinvested into critical military readiness and modernization initiatives4 #c4 ,force structure plan1 infrastructure inventory1 and certification of need for consolidation1 closure1 and realignment of military installations 7a7 ,force structure 7#a7 ,plan required ,the ,secretary of ,defense shall develop a force structure plan for the ,armed ,forces1 to be based on an assessment by the ,secretary of the probable threats to the national security of the ,united ,states during the period beginning with fiscal year #bjah and ending with fiscal year #bjch4 7#b7 ,required elements ,the force structure plan shall include1 at a minimum1 the following elements3 7,a7 ,the probable end-strength levels of the ,armed ,forces and major military force units1 including land force divisions1 carrier and other major combatant vessels1 air wings1 and other comparable units1 identified by the ,secretary as needed to meet the probable threats to the national security of the ,united ,states identified under paragraph 7#a74 7,b7 ,the anticipated levels of funding that will be available for national defense purposes during the period specified in paragraph 7#a74 7b7 ,infrastructure 7#a7 ,inventory required ,the ,secretary shall conduct a comprehensive inventory of military installations worldwide for each military department1 to include the specific number and type of facilities in the regular and reserve components4 7#b7 ,required elements ,as part of the infrastructure inventory and using the force structure plan1 the ,secretary shall address the following3 7,a7 ,the number and type of infrastructure required to support-- 7i7 the force structure plan2 and 7ii7 any potential growth in the end-strength levels of the ,armed ,forces and major military force units in the event of the emergence of new threats to the security of the ,united ,states or a national emergency1 contingency operation1 or declaration of war4 7,b7 ,the categories of excess infrastructure and infrastructure capacity4 7#c7 ,special considerations ,in determining the level of necessary and excess infrastructure in the infrastructure inventory1 the ,secretary shall consider the following3 7,a7 ,the anticipated and continuing need for and availability of military installations outside the ,united ,states1 taking into account current restrictions on the use of military installations outside the ,united ,states and the potential for future prohibitions or restriction on the use of such military installations4 7,b7 ,any efficiencies that may be gained from joint tenancy by more than one branch of the ,armed ,forces at a military installation4 7c7 ,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 #bjai1 the ,secretary shall submit a report to ,congress that includes1 at a minimum1 the following elements3 7#a7 ,the force structure plan4 7#b7 ,the infrastructure inventory4 7#c7 ,the certification required by subsection 7d74 7#d7 ,an economic analysis of the effect of the consolidation1 closure1 or realignment of military installations to reduce excess infrastructure capacity4 7#e7 ,the standard rules that would be used to calculate annual recurring savings for manpower base operating costs1 utility costs1 base closure guarantees1 service-sharing agreements1 and other installation support activities that the ,secretary will use in developing recommendations for the consolidation1 closure1 or realignment of military installations4 7d7 ,revision of force structure plan and infrastructure inventory 7#a7 ,revision authorized ,the ,secretary may revise the force structure plan and infrastructure inventory4 7#b7 ,submission ,if the ,secretary revises the force structure plan or infrastructure inventory1 the ,secretary shall submit the revised plan or inventory to ,congress not later than ,february #ae of the year following the year in which the a plan or inventory was first submitted4 7#c7 ,limitation ,for the purposes of selecting military installations for consolidation1 closure1 or realignment under this ,act in the year in which a revision is submitted1 no revision of the force structure plan or infrastructure inventory is authorized after the date specified in paragraph 7#b74 7e7 ,certification of need for consolidation1 closure1 and realignment of military installations 7#a7 ,initial certification ,on the basis of the force structure plan1 the infrastructure inventory1 and the report required under subsection 7c71 the ,secretary shall include in the report a certification of whether the need exists for the ,department to consolidate1 close1 or realign military installations4 7#b7 ,effect of affirmative certification ,if the ,secretary certifies that the need exists for a round for the selection of military installations for consolidation1 closure1 or realignment1 the ,secretary also must certify that-- 7,a7 the recommendations for the consolidation1 closure1 or realignment of military installations will-- 7i7 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 consolidation1 closure1 or realignment action2 7ii7 have the primary objective of eliminating excess infrastructure capacity within the ,department and reconfigure the remaining infrastructure to maximize efficiency2 and 7iii7 allow the ,department to reinvest potential savings realized from the consolidation1 closure1 or realignment of military installations into future readiness and modernization requirements of the ,armed ,forces2 and 7,b7 the ,secretary has previously considered and pursued opportunities to eliminate excess infrastructure capacity overseas to maximize efficiency and reduce costs4 7#c7 ,effect of negative certification ,if the ,secretary certifies that the need does not exist for a round for the selection of military installations for consolidation1 closure1 or realignment1 the ,president may not commence a round for the selection of military installations for consolidation1 closure1 or realignment as provided by this ,act4 7#d7 ,effect of failure to certify ,if the ,secretary does not include the certification referred to in paragraph 7#a7 in the report required by subsection 7c71 the ,president may not commence a round for the selection of military installations for consolidation1 closure1 or realignment as provided by this ,act4 7f7 ,comptroller general evaluation 7#a7 ,evaluation required ,if the certification is provided under subsection 7e71 the ,comptroller ,general of the ,united ,states shall prepare an evaluation of the following3 7,a7 ,the force structure plan and the infrastructure inventory1 including the categories of excess infrastructure and infrastructure capacity identified in the inventory4 7,b7 ,the accuracy and analytical sufficiency of the force structure plan and infrastructure inventory4 7,c7 ,the need for the consolidation1 closure1 or realignment of additional military installations4 7,d7 ,the standard rules that would be used to calculate annual recurring savings for manpower base operating costs1 utility costs1 base closure guarantees1 service-sharing agreements1 and other installation support activities that the ,secretary will use in developing recommendations for the consolidation1 closure1 or realignment of military installations4 7#b7 ,submission ,not later than #fj days after the date on which the certification is submitted to the ,congress1 the ,comptroller ,general shall submit to ,congress a report containing the results of the evaluation required by this subsection4 #d4 ,time period to allow congressional review 7a7 ,prohibition ,the ,secretary of ,defense may only commence a round for the selection of military installations for consolidation1 closure1 or realignment as provided by this ,act after the end of a #ij-;day period beginning on the date the certification required by subsection 7e7 of section #c is submitted to ,congress in the report required under subsection 7c7 of such section4 7b7 ,effect of passage of a joint resolution of disapproval ,if1 during the period specified in subsection 7a71 a joint resolution is enacted disapproving of the force structure plan1 the infrastructure inventory1 or the certification required by section #c7;e71 then the ,president may not commence a round for the selection of military installations for consolidation1 closure1 or realignment as provided by this ,act4 #e4 ,recommendations for consolidation1 closure1 or realignment of military installations 7a7 ,conditional ,applicability ,this section shall apply only if-- 7#a7 the ,secretary of ,defense makes a certification under section #c7;e7 that the need exists for a round for the selection of military installations for consolidation1 closure1 or realignment2 and 7#b7 ,congress does not enact a joint resolution described in section #d7;b7 during the period specified in section #d7;a74 7b7 ,authority ,to develop recommendations ,subject to subsection 7a71 the ,secretary may initiate a process to develop recommendations for the consolidation1 closure1 or realignment of military installations on the basis of the force structure plan1 the infrastructure inventory1 and the final selection criteria4 7c7 ,consideration of all installations ,in developing recommendations for the consolidation1 closure1 or realignment of military installations under this ,act1 the ,secretary shall consider all military installations inside the ,united ,states equally without regard to whether the installation has been previously considered or proposed for consolidation1 closure1 or realignment by the ,department or a ,defense ,base ,closure and ,realignment ,commission4 7d7 ,effect of advance conversion planning 7#a7 ,in general ,in the development of recommendations for the consolidation1 closure1 or realignment of military installations1 the ,secretary may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated consolidation1 closure1 or realignment of a military installation4 7#b7 ,elements ,for the purposes of this subsection1 advanced conversion planning-- 7,a7 shall include community adjustment and economic diversification planning undertaken by the community before an anticipated selection of a military installation in or near the community for consolidation1 closure1 or realignment2 and 7,b7 may include the development of contingency redevelopment plans1 plans for economic development and diversification1 and plans for the joint use 7including civilian and military use1 public and private use1 civilian dual use1 and civilian shared use7 of the property or facilities of the military installation after the anticipated consolidation1 closure1 or realignment4 7e7 ,effect of local government approval 7#a7 ,consideration authorized ,except as provided in paragraph 7#b71 in developing recommendations for the consolidation1 closure1 and realignment of military installations under this ,act1 the ,secretary shall consider any notice received from a local government in the vicinity of a military installation that the government would approve of the consolidation1 closure1 or realignment of the military installation4 7#b7 ,exception ,notwithstanding receiving a notice described in paragraph 7#a71 the ,secretary shall-- 7,a7 make recommendations for the consolidation1 closure1 and realignment of military installations based on the force structure plan1 the infrastructure inventory1 and the final selection criteria2 and 7,b7 include a statement of the result of the consideration of such a notice and the reasons for the result4 #f4 ,final selection criteria for making recommendations for consolidation1 closure1 and realignment of military installations 7a7 ,final selection criteria ,the final selection criteria to be used by the ,secretary of ,defense in making recommendations for the consolidation1 closure1 or realignment of military installations under this ,act shall be military value criteria and certain additional criteria1 as follows3 7#a7 ,military value criteria ,the military value criteria are as follows3 7,a7 ,the current and future mission capabilities of the ,armed ,forces1 the ability to support technological innovation1 the ability to support educational requirements that enhance the success of members of the ,armed ,forces in their military career fields1 and the impact on operational readiness of the total force of the ,department1 including the impact on joint warfighting1 training1 and readiness4 7,b7 ,the availability1 condition1 and strategic location of land1 facilities1 and associated airspace 7including training areas suitable for maneuver by ground1 naval1 or air forces throughout a diversity of climate and terrain areas1 areas capable of supporting testing and evaluation exercises1 and staging areas for the use of the ,armed ,forces in homeland defense missions7 at both existing and potential receiving locations4 7,c7 ,the ability to accommodate contingency1 mobilization1 surge1 and future total force requirements at both existing and potential receiving locations to support military operations and training4 7,d7 ,the cost of operations and the manpower implications4 7#b7 ,additional criteria ,the additional criteria are as follows3 7,a7 ,the extent and timing of potential costs and savings1 including the number of years1 beginning with the date of completion of the recommended consolidation1 closure1 or realignment action1 for the savings to exceed the costs4 7,b7 ,the economic impact on existing communities in the vicinity of the military installation 7including potential impacts to employment1 termination of contractual agreements1 and closure of commercial facilities71 calculated using standardized1 federally recognized economic impact data when calculating the impact on existing communities4 7,c7 ,the impact on homeland security and emergency response preparedness in a ,state or region4 7,d7 ,the ability of the infrastructure of both the existing and potential receiving communities to support forces1 missions1 and personnel4 7,e7 ,the environmental impact1 including the impact of costs related to potential environmental restoration1 waste management1 and environmental compliance activities4 7b7 ,priority considerations ,in making recommendations for the consolidation1 closure1 and realignment of military installations1 the ,secretary shall give priority consideration to the military value criteria1 as specified in subsection 7a77#a74 7c7 ,consideration of time period for achieving savings 7#a7 ,emphasis on net-savings within five years ,the ,secretary shall place an emphasis on recommendations for the consolidation1 closure1 and realignment of military installations that will yield net-savings within five years of the completion of the recommended consolidation1 closure1 or realignment action4 7#b7 ,recommendations with long-delayed net-savings ,the ,secretary may not make a recommendation that will not demonstrate net-savings within #bj years1 unless the ,secretary certifies as part of the recommendation that the military value of the recommendation supports or enhances a critical national security interest of the ,united ,states4 7d7 ,covered costs ,when determining the costs associated with a recommendation for the consolidation1 closure1 or realignment of a military installation1 the ,secretary shall consider costs associated with military construction1 information technology1 termination of public-private contracts1 guarantees1 and other factors contributing to the cost of implementing and completing the recommended consolidation1 closure1 or realignment action1 as determined by the ,secretary4 7e7 ,effect on department and other agency costs ,the final selection criteria relating to the cost savings or return on investment from a recommended consolidation1 closure1 or realignment action shall take into account the effect of the consolidation1 closure1 or realignment on the costs of any other activity of the ,department or any other ,federal agency that may be required to assume responsibility for activities performed at the military installation to be consolidated1 closed1 or realigned4 7f7 ,relation to other materials ,the final selection criteria shall be the only criteria used1 along with the force structure plan and the infrastructure inventory1 in making recommendations for the consolidation1 closure1 and realignment of military installations inside the ,united ,states under this ,act4 #g4 ,military ,infrastructure ,consolidation and ,efficiency ,commission of #bjai 7a7 ,conditional ,applicability ,this section shall apply only if-- 7#a7 the ,secretary of ,defense makes a certification under section #c7;e7 that the need exists for a round for the selection of military installations for consolidation1 closure1 or realignment2 and 7#b7 ,congress does not enact a joint resolution described in section #d7;b7 during the period specified in section #d7;a74 7b7 ,establishment of independent commission ,subject to subsection 7a71 there shall be established an independent commission to carry out the duties specified for it in this ,act4 ,the ,commission shall be known as the ,military ,infrastructure ,consolidation and ,efficiency ,commission of #bjai4 7c7 ,composition and ,appointment 7#a7 ,members and appointment ,the ,commission shall be composed of nine members appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,consultation ,in selecting individuals for nomination to be members of the ,commission1 the ,president should consult with-- 7,a7 the ,speaker of the ,house of ,representatives concerning the appointment of two members2 7,b7 the majority leader of the ,senate concerning the appointment of two members2 7,c7 the minority leader of the ,house of ,representatives concerning the appointment of one member2 and 7,d7 the minority leader of the ,senate concerning the appointment of one member4 7#c7 ,chairman ,at the time the ,president nominates individuals for appointment to the ,commission1 the ,president shall designate one such individual who shall serve as the ,chairman of the ,commission4 7#d7 ,priority ,the ,president shall give priority consideration in the nomination of members of the ,commission to individuals who-- 7,a7 have demonstrated expertise regarding the current and future operational and training requirements of the ,armed ,forces1 professional military education1 military installation infrastructure and environmental management1 or the socioeconomic impact of military installations on states1 regions1 and local communities2 and 7,b7 have not served on a ,defense ,base ,closure and ,realignment ,commission4 7#e7 ,deadline ,if the ,president does not transmit to the ,senate the nominations for appointment to the ,commission on or before ,february #a1 #bjai1 the process by which military installations may be selected for consolidation1 closure1 or realignment under this ,act shall be terminated4 7#f7 ,term ,a member of the ,commission shall serve until the termination of the ,commission under subsection 7i74 7#g7 ,vacancy ,a vacancy in the ,commission shall be filled in the same manner as the original appointment1 and the individual appointed to fill the vacancy shall serve for the unexpired portion of the term of the individual's predecessor under paragraph 7#f74 7d7 ,pay and travel expenses 7#a7 ,in general ,each member of the ,commission1 other than the ,chairman1 shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the actual performance of duties vested in the ,commission4 7#b7 ,chairman ,the ,chairman of the ,commission shall be paid for each day referred to in paragraph 7#a7 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 #ecad1 of title #e1 ,united ,states ,code4 7#c7 ,travel expenses ,members of the ,commission shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with sections #egjb and #egjc of title #e1 ,united ,states ,code4 7e7 ,director and staff 7#a7 ,director ,the ,commission shall appoint1 without regard to section #ecaa of title #e1 ,united ,states ,code1 a ,director who has not served on active duty in the ,armed ,forces or as a civilian employee of the ,department during the #a-year period preceding the date of such appointment4 ,the ,director shall be paid at the rate of basic pay payable for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7#b7 ,staff ,subject to the approval of the ,commission1 the ,director may appoint and fix the pay of additional staff personnel4 ,the ,director may make such appointments without regard to the provision of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and any personnel so appointment may be paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of that title relating to classification and ,general ,schedule pay rates1 except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for ,,gs-#ae of the ,general ,schedule4 7#c7 ,detailed personnel ,upon the request of the ,director1 the head of any ,federal department of agency may detail any of the personnel of that department or agency to the ,commission to assist the ,commission in carrying out its duties under this ,act4 ,the ,comptroller ,general of the ,united ,states shall provide assistance1 including the detailing of employees1 to the ,commission in accordance with an agreement entered into with the ,commission4 7#d7 ,staff restrictions 7,a7 ,limitations on detailees from ,department ,of the personnel employed by or detailed to the ,commission-- 7i7 not more than one-third may be on detail from the ,department2 7ii7 not more than one-fifth of the professional analysts of the ,commission staff may be on detail from the ,department2 and 7iii7 no person detailed from the ,department may be assigned as the lead professional analyst with respect to a military department or ,defense ,agency4 7,b7 ,conflict of interest limitation ,a person may not be detailed from the ,department to the ,commission if1 within #ab months before the detail is to begin1 that person participated personally and substantially in any matter within the ,department concerning the preparation of recommendations for the consolidation1 closure1 or realignment of military installations4 7,c7 ,duty limitations ,no member of the ,armed ,forces1 and no officer or employee of the ,department1 may-- 7i7 prepare any report concerning the effectiveness1 fitness1 or efficiency of the performance on the staff of the ,commission of any person detailed from the ,department to that staff2 7ii7 review the preparation of such a report2 or 7iii7 approve or disapprove of such a report4 7,d7 ,time period limitations ,during the period beginning ,january #a1 #bjbj1 and ending ,april #ae1 #bjbj1 there may not be more than #ae persons on the staff of the ,commission at any one time1 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 archives4 ,no member of the ,armed ,forces and no officer or employee of the ,department may serve on the staff during this time4 7#e7 ,staff-related certification ,not later than ,april #a1 #bjai1 the ,chairman of the ,commission shall certify to the ,secretary and the congressional defense committees whether the ,commission has adequate staff to review the recommendations to be submitted by the ,secretary pursuant to section #h4 7f7 ,other authorities ,to the extent funds are available1 the ,commission may lease space1 acquire personal property1 and procure by contract the temporary or intermittent services of experts or consultants pursuant to section #caji of title #e1 ,united ,states ,code4 7g7 ,funding 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,commission such funds as are necessary to carry out its duties under this ,act4 ,such funds shall remain available until expended4 7#b7 ,transfer authority ,if no funds are appropriated to the ,commission by the end of the second session of the #aaeth ,congress1 the ,secretary may transfer to the ,commission for purposes of its activities under this ,act such funds as the ,commission may require to carry out such activities4 ,the ,secretary may make such transfer from any funds available to the ,secretary4 ,funds so transferred shall remain available to the ,commission for such purpose until expended4 7h7 ,prohibition against restricting communications ,section #ajcd of title #aj1 ,united ,states ,code1 shall apply with respect to communications with the ,commission4 7i7 ,termination ,the ,commission shall terminate on ,april #ae1 #bjbj4 #h4 ,secretary of ,defense recommendations for consolidation1 closure1 or realignment of military installations 7a7 ,conditional ,applicability ,this section shall apply only if-- 7#a7 the ,secretary of ,defense makes a certification under section #c7;e7 that the need exists for a round for the selection of military installations for consolidation1 closure1 or realignment2 7#b7 ,congress does not enact a joint resolution described in section #d7;b7 during the period specified in section #d7;a72 and 7#c7 the ,chairman of the ,commission certifies under section #g7;e77#e7 that the ,commission has adequate staff to review the recommendations to be submitted by the ,secretary pursuant to this section4 7b7 ,publication and transmittal of recommendations 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall publish in the ,federal ,register1 transmit to the congressional defense committees1 and transmit to the ,commission a list of the military installations inside the ,united ,states that the ,secretary recommends for consolidation1 closure1 or realignment based on the force structure plan1 infrastructure inventory1 and final selection criteria4 7#b7 ,deadline ,the publication and transmittal shall occur before the later of the following3 7,a7 ,april #ae1 #bjai4 7,b7 #ad days after the ,chairman of the ,commission makes the certification referred to in subsection 7a77#c74 7c7 ,transmittal of additional materials ,not later than seven days after the date of the transmittal of the list of recommendations under subsection 7c71 the ,secretary shall transmit to the congressional defense committees and the ,commission the following additional materials3 7#a7 ,a summary of the selection process that resulted in the recommendation for each military installation specified in the list of recommendations1 including a justification for each recommendation based on the final selection criteria4 7#b7 ,an estimate of the cost and potential savings of each recommendation4 7#c7 ,standard rules to calculate annual recurring savings for manpower base operating costs1 utility costs1 base closure guarantees1 service-sharing agreements1 and other installation support activities that the ,secretary will use in the determination of the savings derived from a recommendation4 7d7 ,availability of information ,in addition to making all information used by the ,secretary to prepare the recommendations under this section available to ,congress 7including any committee or ,member of ,congress71 the ,secretary shall also make such information available to the ,commission1 the ,comptroller ,general of the ,united ,states1 and the public by means of the ,internet or another electronic format4 ,this information shall include1 but is not limited to unclassified assessment data on the current condition of facilities and infrastructure1 an environmental baseline of known or contamination and remediation activities1 and standard rules used to calculate annual recurring savings4 7e7 ,certification of accuracy and completeness of information ,when submitting information to the ,secretary or the ,commission concerning the recommended consolidation1 closure1 or realignment of a military installation1 the following individuals shall certify that such information is accurate and complete to the best of that person's knowledge and belief3 7#a7 ,the ,secretaries of the military departments4 7#b7 ,the heads of the ,defense ,agencies4 7#c7 ,each person whose duties include personal and substantial involvement in the preparation and submission of information and recommendations concerning the consolidation1 closure1 or realignment of military installations1 as designated in regulations which the ,secretary shall prescribe1 regulations which the ,secretary of each military department shall prescribe for personnel within that military department1 or regulations which the head of each ,defense ,agency shall prescribe for personnel within that ,defense ,agency4 7f7 ,public availability of information and submission to ,congress ,any information provided to the ,commission by a person described in subsection 7d7 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 ,house4 ,the information shall be submitted to the ,senate and the ,house of ,representatives within #dh hours after the submission of the information to the ,commission4 #i4 ,commission review of ,secretary of ,defense recommendations for consolidation1 closure1 or realignment of military installations 7a7 ,public ,hearings and ,testimony ,after receiving the recommendations from the ,secretary of ,defense for the consolidation1 closure1 and realignment of military installations pursuant to section #h1 the ,commission shall conduct public hearings on the recommendations4 ,all testimony before the ,commission at a public hearing conducted under this subsection shall be presented under oath4 7b7 ,open ,meetings ,the ,commission shall meet only during calendar year #bjai1 and each meeting1 other than meetings in which classified information is to be discussed1 shall be open to the public4 ,all the proceedings1 information1 and deliberations of the ,commission shall be open1 upon request1 to the following3 7#a7 ,the chairmen and ranking members of the ,committees on ,armed ,services of the ,senate and the ,house of ,representatives1 or such other members of the committees designated by such chairmen or ranking members4 7#b7 ,the chairmen and ranking members of the ,subcommittees on ,military ,construction1 ,veterans ,affairs1 and ,related ,agencies of the ,committees on ,appropriations of the ,senate and the ,house of ,representatives1 or such other members of the subcommittees designated by such chairmen or ranking members4 7#c7 ,the chairmen and ranking members of the ,subcommittees on ,defense of the ,committees on ,appropriations of the ,senate and the ,house of ,representatives1 or such other members of the subcommittees designated by such chairmen or ranking members4 7c7 ,comptroller general review and assistance 7#a7 ,assistance ,the ,comptroller ,general of the ,united ,states shall assist the ,commission1 to the extent requested1 in the ,commission's review of the recommendations submitted by the ,secretary of ,defense pursuant to section #h4 7#b7 ,review ,not later than #de days after the date on which the ,secretary transmits the recommendations to the ,commission pursuant to subsection #h7;b71 the ,comptroller ,general shall transmit to ,congress and to the ,commission a report containing a detailed analysis of the ,secretary's recommendations1 selection process1 and standard rules to calculate annual recurring savings4 7d7 ,report to ,president 7#a7 ,report required2 content ,subject to paragraph 7#b71 the ,commission shall transmit to the ,president a report containing-- 7,a7 the findings and conclusions of the ,commission based on its review of the recommendations made by the ,secretary pursuant to section #h2 7,b7 the recommendations of the ,commission for the consolidation1 closure1 and realignment of military installations inside the ,united ,states2 and 7,c7 an explanation and justification of each recommendation made by the ,commission that is different from the ,secretary pursuant to subsection 7e74 7#b7 ,deadline ,the report of the ,commission shall be transmitted before the later of the following3 7,a7 ,october #a1 #bjai4 7,b7 #ahj days after the date on which the ,secretary transmits the recommendations to the ,commission pursuant to subsection #h7;b74 7#c7 ,availability ,the report of the ,commission also shall be made available to ,congress and the public by means of the ,internet or another electronic format on the same date on which the ,commission transmits the report to the ,president4 7e7 ,changes to the secretary's recommendations ,in making its recommendations under this section1 the ,commission may make changes1 subject to subsection 7f71 in any of the recommendations made by the ,secretary if the ,commission determines that-- 7#a7 the ,secretary deviated substantially from the force structure plan or the final selection criteria in making the recommendation2 or 7#b7 a recommendation made by the ,secretary was justified by assessment data-- 7,a7 that the ,commission determines to be invalid2 and 7,b7 that1 if corrected1 the ,commission determines would significantly impact the military value or potential costs and savings of the recommendation4 7f7 ,process for making changes 7#a7 ,threshold for consideration ,the ,commission may not consider making a change in the recommendations of the ,secretary that would add or remove a military installation to the ,secretary's list of recommendations unless-- 7,a7 the ,commission provides the ,secretary with at least a #ae-;day period1 before making the change1 in which to submit an explanation of the reasons why-- 7i7 in the case of considering a military installation for addition1 the installation was not included on the consolidation1 closure1 or realignment list by the ,secretary2 or 7ii7 in the case of considering a military installation for removal1 the installation was included on the consolidation1 closure1 or realignment list by the ,secretary2 and 7,b7 the decision to add or remove the installation for ,commission consideration is supported by at least seven members of the ,commission4 7#b7 ,removal or reduction ,in addition to complying with the requirements of subsection 7e71 the ,commission may remove a military installation from the list of recommendations made by the ,secretary1 or decrease the extent of a realignment proposed by a particular recommendation1 only if the decision to remove that recommendation is supported by a simple majority of the members of the ,commission4 7#c7 ,addition or increase ,in addition to complying with the requirements of subsection 7e71 the ,commission may add a military installation to the list of recommendations made by the ,secretary1 or increase the extent of a realignment proposed by a particular recommendation1 only if-- 7,a7 the ,commission-- 7i7 determines that the change is consistent with the force structure plan1 infrastructure inventory1 and final selection criteria2 7ii7 publishes a notice of the proposed change in the ,federal ,register not less than #de days before transmitting its recommendations to the ,president pursuant to subsection 7d72 and 7iii7 conducts public hearings on the proposed change2 7,b7 at least two ,members of the ,commission visit the military installation before the date of the transmittal of the report pursuant to subsection 7c72 and 7,c7 the decision of the ,commission to make the change is supported by at least seven members of the ,commission4 7#d7 ,cost estimate required ,for each change made by the ,commission in the recommendations of the ,secretary1 the ,commission1 in coordination with the ,secretary1 shall provide an updated estimated costs to complete the recommended consolidation1 closure1 or realignment action and potential savings of the recommendation4 7g7 ,responsibility ,to recuse 7#a7 ,in general ,a member of the ,commission shall recuse himself or herself from consideration of a matter before the ,commission-- 7,a7 in accordance with section #bjh of title #ah1 ,united ,states ,code2 and 7,b7 in addition1 in the event that the member is concerned that other circumstances would raise a question regarding the legitimacy and impartiality of the final recommendations of the ,commission4 7#b7 ,extent of recusal ,in recusing himself or herself from consideration of a matter before the ,commission1 the member shall not participate in the deliberations on1 or vote regarding1 such a matter4 #aj4 ,presidential review of ,commission recommendations for consolidation1 closure1 or realignment of military installations 7a7 ,approval or disapproval 7#a7 ,in general ,subject to paragraph 7#b71 following receipt of the report of the ,commission required by section #i1 the ,president shall transmit to the ,commission and to ,congress a report containing the ,president's approval or disapproval of the recommendations of the ,commission for the consolidation1 closure1 or realignment of military installations4 7#b7 ,deadline ,the report of the ,president shall be transmitted before the later of the following3 7,a7 ,october #ae1 #bjai4 7,b7 #ad days after the date on which the ,commission transmits its recommendations to the ,president pursuant to section #i7;d74 7b7 ,effect of approval ,it the ,president approves all the recommendations of the ,commission1 the report of the ,president to ,congress under subsection 7a7 shall include-- 7#a7 a copy of the ,commission's recommendations2 and 7#b7 a certification of such approval4 7c7 ,effect of disapproval ,if the ,president disapproves the recommendations of the ,commission1 in whole or in part1 the report of the ,president under subsection 7a7 shall include-- 7#a7 the reasons for disapproval2 and 7#b7 a certification of such disapproval4 7d7 ,revision 7#a7 ,opportunity to revise ,if the ,president disapproves the recommendations of the ,commission1 the ,commission shall transmit to the ,president a revised list of recommendations for the consolidation1 closure1 and realignment of military installations before the later of the following3 7,a7 ,november #cj1 #bjai4 7,b7 #cj days after the date on which the ,president transmits the disapproval4 7#b7 ,effect of approval ,if the ,president approves all of the revised recommendations of the ,commission transmitted to the ,president under paragraph 7#a71 the ,president shall transmit to the ,commission and to ,congress a report containing-- 7,a7 a copy of the revised recommendations2 and 7,b7 a certification of such approval4 7#c7 ,termination ,if the ,president does not transmit to ,congress the report described in paragraph 7#b7 by ,december #ca1 #bjai1 the process by which military installations may be selected for consolidation1 closure1 or realignment under this ,act shall be terminated4 #aa4 ,prohibition on implementation of recommendations pending congressional review 7a7 ,opportunity for congressional review ,unless ,congress enacts a joint resolution described in subsection 7b71 the ,secretary of ,defense may begin to take the implementation actions described in section #ab after the end of a #de-;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 #aj1 or the adjournment of ,congress sine die for the session in which the report is transmitted1 whichever is earlier4 7b7 ,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 #aj is enacted by ,congress not later than #de days after the date of the transmission of the report1 then the ,secretary may not carry out any consolidation1 closure1 or realignment recommended by the ,commission in the report transmitted by the ,president4 #ab4 ,implementation 7a7 ,in general ,subject to section #aa1 the ,secretary shall-- 7#a7 close all military installations recommended for closure by the ,commission in the report transmitted to the ,congress by the ,president pursuant to section #aj2 7#b7 realign all military installations recommended for realignment by the ,commission in the report2 7#c7 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 realignments2 7#d7 complete all such closures and realignments no later than the end of the #e-year period beginning on the date on which the ,president transmits the report containing the recommendations for such closures or realignments2 and 7#e7 develop a schedule and plan for the implementation of the actions required by the preceding paragraphs in a manner that is suitable for reuse1 minimizes the time required to dispose of excess and surplus real property and maximizes efficiency and return on investment4 7b7 ,actions ,to be taken 7#a7 ,in closing or realigning any military installation under this ,act1 the ,secretary may take such actions as may be necessary for each approved recommendation to close or realign a military installation1 including the acquisition of such land1 the construction of such replacement facilities1 the performance of such activities1 and the conduct of such advance planning and design as may be required to transfer the functions from a military installation being closed or realigned to another military installation1 and may use for such purposes funds in the ,account or funds appropriated to the ,department of ,defense for use in planning and design1 minor construction1 or operation and maintenance4 7#b7 ,except as provided in section #ad7;c71 in carrying out any closure or realignment action under this ,act1 the ,secretary may not exceed1 by more than #be percent1 the total cost specified for such closure or realignment action in the report transmitted by the ,commission to the ,president pursuant to section #i7;d74 7#c7 ,in closing or realigning any military installation under this ,act1 the ,secretary may provide economic adjustment assistance to any community located near a military installation being closed or realigned1 and community planning assistance to any community located near a military installation to which functions will be transferred as a result of the consolidation1 closure1 or realignment of a military installation1 if the ,secretary determines that the financial resources available to the community 7by grant or otherwise7 for such purposes are inadequate1 and may use for such purposes funds in the ,account or funds appropriated to the ,department of ,defense for economic adjustment assistance or community planning assistance4 7#d7 ,in closing or realigning any military installation under this ,act1 the ,secretary may carry out activities for the purposes of environmental restoration and mitigation at any such installation1 and shall use for such purposes funds both appropriated to the ,account 7reference7 and funds deposited in the ,account from the proceeds of the lease1 transfer1 or disposal of any property at a military installation that is consolidated1 closed1 or realigned under this ,act4 ,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 consolidation1 closure1 or realignment be carried out as soon as possible to expedite the ability of the redevelopment authority to carry out its redevelopment plan for the property4 7#e7 ,in closing or realigning any military installation under this ,act1 the ,secretary may provide outplacement assistance to civilian employees employed by the ,department of ,defense at military installations being closed or realigned1 an may use for such purposes funds in the ,account or funds appropriated to the ,department of ,defense for outplacement assistance to employees4 7#f7 ,in closing or realigning any military installation under this ,act1 the ,secretary may reimburse other ,federal agencies for actions performed at the request of the ,secretary with respect to any such consolidation1 closure1 or realignment1 and may use for such purposes funds in the ,account of funds appropriated to the ,department of ,defense and available for such purpose4 #ac4 ,management and disposal of property 7a7 ,establishment of a single property disposal agency ,the ,secretary shall establish a new ,field ,activity to act as the executive agent for the management and disposal of real property made excess to the needs of the ,department in carrying out the actions described in section #ab4 ,the staff of this ,field ,activity may consist of persons detailed to the field activity by the ,army ,corps of ,engineers1 ,naval ,facilities ,engineering ,command1 the ,air ,force ,installation and ,mission ,support ,center1 and other ,federal departments or agencies to assist in carrying out the ,field ,activities duties under this ,act4 7b7 ,management and disposal of property 7#a7 ,the ,administrator of ,general ,services shall delegate to the ,secretary of ,defense1 with respect to excess and surplus real property1 facilities1 and personal property located at a military installation closed or realigned under this ,act-- 7,a7 the authority of the ,administrator to utilize excess property under subchapter ,,ii of chapter #e of title #dj1 ,united ,states ,code2 7,b7 the authority of the ,administrator to dispose of surplus property under subchapter ,,iii of chapter #e of title #dj1 ,united ,states ,code2 7,c7 the authority to dispose of surplus property for public airports under sections #dgaea through #dgaec of title #di1 ,united ,states ,code2 and 7,d7 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 #ai1 #aidh 7#af ,u4,s4,c4 #ffg;b74 7#b7 7,a7 ,subject to subparagraph 7,b7 and paragraphs 7#c71 7#d71 7#e71 and 7#f71 the ,secretary of ,defense shall exercise the authority delegated to the ,secretary pursuant to paragraph 7#a7 in accordance with-- 7i7 all regulations governing the utilization of excess property and the disposal of surplus property under subtitle ,i of title #dj1 ,united ,states ,code2 and 7ii7 all regulations governing the conveyance and disposal of property under section #ac7;g7 of the ,surplus ,property ,act of #aidd 7#ej ,u4,s4,c4 ,app4 #afbb7;g774 7,b7 ,the ,secretary may1 with the concurrence of the ,administrator of ,general ,services-- 7i7 prescribe general policies and methods for utilizing excess property and disposing of surplus property pursuant to the authority delegated under paragraph 7#a72 and 7ii7 issue regulations relating to such policies and methods1 which shall supersede the regulations referred to in subparagraph 7,a7 with respect to that authority4 7,c7 ,the ,secretary of ,defense may transfer real property or facilities located at a military installation to be closed or realigned under this ,act1 with or without reimbursement1 to a military department or other entity 7including a nonappropriated fund instrumentality7 within the ,department of ,defense or the ,coast ,guard4 7,d7 ,before any action may be taken with respect to the disposal of any surplus real property or facility located at any military installation to be closed or realigned under this ,act1 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 concerned4 7,e7 ,if a military installation to be closed1 realigned1 or placed in an inactive status under this ,act includes a road used for public access through1 into1 or around the installation1 the ,secretary of ,defense shall consult with the ,governor of the ,state and the heads of the local governments concerned or the purpose of considering the continued availability of the road for public use after the installation is closed1 realigned1 or placed in an inactive status4 7#c7 7,a7 ,not later than #f months after the date of approval of the consolidation1 closure1 or realignment of a military installation under this ,act1 the ,secretary1 in consultation with the redevelopment authority with respect to the installation1 shall-- 7i7 inventory the personal property located at the installation2 and 7ii7 identify the items 7or categories of items7 of such personal property that the ,secretary determines to be related to real property and anticipates will support the implementation of the redevelopment plan with respect to the installation4 7,b7 ,if no redevelopment authority referred to in subparagraph 7,a7 exists with respect to an installation1 the ,secretary shall consult with-- 7i7 the local government in whose jurisdiction the installation is wholly located2 or 7ii7 a local government agency or ,state government agency designated for the purpose of such consultation by the chief executive officer of the ,state in which the installation is located4 7,c7 7i7 ,except as provided in subparagraphs 7,e7 and 7,f71 the ,secretary may not carry out any of the activities referred to in clause 7ii7 with respect to an installation referred to in that clause until the earlier of-- 7,i7 one week after the date on which the redevelopment plan for the installation is submitted to the ,secretary2 7,,ii7 the date on which the redevelopment authority notifies the ,secretary that it will not submit such a plan2 7,,iii7 twenty-four months after the date of approval of the consolidation1 closure1 or realignment of the installation2 or 7,,iv7 ninety days before the date of the consolidation1 closure1 or realignment of the installation4 7ii7 ,the activities referred to in clause 7i7 are activities relating to the consolidation1 closure1 or realignment of an installation to be closed or realigned under this ,act as follows3 7,i7 ,the transfer from the installation of items of personal property at the installation identified in accordance with subparagraph 7,a74 7,,ii7 ,the reduction in maintenance and repair of facilities or equipment located at the installation below the minimum levels required to support the use of such facilities or equipment for nonmilitary purposes4 7,d7 ,except as provided in paragraph 7#d71 the ,secretary may not transfer items of personal property located at an installation to be closed or realigned under this ,act to another installation1 or dispose of such items1 if such items are identified in the redevelopment plan for the installation as items essential to the reuse or redevelopment of the installation4 ,in connection with the development of the redevelopment plan for the installation1 the ,secretary shall consult with the entity responsible for developing the redevelopment plan to identify the items of personal property located at the installation1 if any1 that the entity desires to be retained at the installation for reuse or redevelopment of the installation4 7,e7 ,this paragraph shall not apply to any personal property located at an installation to be closed or realigned under this ,act if the property-- 7i7 is required for the operation of a unit1 function1 component1 weapon1 or weapons system at another installation2 7ii7 is uniquely military in character1 and is likely to have no civilian use 7other than use for its material content or as a source of commonly used components72 7iii7 is not required for the reutilization or redevelopment of the installation 7as jointly determined by the ,secretary and the redevelopment authority72 7iv7 is stored at the installation for purposes of distribution 7including spare parts or stock items72 or 7v7 7,i7 meets known requirements of an authorized program of another ,federal department or agency for which expenditures for similar property would be necessary2 and 7,,ii7 is the subject of a written request by the head of the department or agency4 7,f7 ,notwithstanding subparagraphs 7,c77i7 and 7,d71 the ,secretary may carry out any activity referred to in subparagraph 7,c77ii7 or 7,d7 if the ,secretary determines that the carrying out of such activity is in the national security interest of the ,united ,states4 7#d7 7,a7 ,the ,secretary may transfer real property and personal property located at a military installation to be closed or realigned under this ,act to the redevelopment authority with respect to the installation for purposes of job generation on the installation4 7,b7 ,the ,secretary may transfer real property and personal property located at a military installation to be closed or realigned under this ,act that is subject to a ground lease to a military housing privatization partner established pursuant to the ,military ,housing ,privatization ,initiative under subchapter ,,iv of chapter #afi of title #aj1 ,united ,states ,code1 to the lessee under such ground lease4 7,c7 ,the transfer of property located at a military installation under subparagraph 7,a7 or subparagraph 7,b7 may be for consideration at or below the estimated fair market value or without consideration4 ,in determining the amount of consideration to be required1 the ,secretary shall make a good faith effort to ensure that the conveyance of the property achieves an economical and appropriate outcome for the ,department1 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 plan4 ,the determination of such consideration may account for the economic conditions of the local affected community and the estimated costs to redevelop the property4 ,the ,secretary may accept1 as consideration1 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 property1 a portion of the profits obtained over time from the development of the conveyed property1 consideration in-kind 7including goods and services71 real property and improvements1 or such other consideration as the ,secretary considers appropriate4 ,the transfer of property located at a military installation under subparagraph 7,a7 may be made for consideration below the estimated fair market value or without consideration only if the redevelopment authority with respect to the installation-- 7i7 agrees that the proceeds from any sale or lease of the property 7or any portion thereof7 received by the redevelopment authority during at least the first seven years after the date of the initial transfer of property under subparagraph 7,a7 shall be used to support the economic redevelopment of1 or related to1 the installation2 and 7ii7 executes the agreement for transfer of the property and accepts control of the property within a reasonable time after the date of the property disposal record of decision or finding of no significant impact under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,d7 ,for purposes of subparagraph 7,b77i71 the use of proceeds from a sale or lease described in such subparagraph to pay for1 or offset the costs of1 public investment on or related to the installation for any of the following purposes shall be considered a use to support the economic redevelopment of1 or related to1 the installation3 7i7 ,road construction4 7ii7 ,transportation management facilities4 7iii7 ,storm and sanitary sewer construction4 7iv7 ,police and fire protection facilities and other public facilities4 7v7 ,utility construction4 7vi7 ,building rehabilitation4 7vii7 ,historic property preservation4 7viii7 ,pollution prevention equipment or facilities4 7ix7 ,demolition4 7x7 ,disposal of hazardous materials generated by demolition4 7xi7 ,landscaping1 grading1 and other site or public improvements4 7xii7 ,planning for or the marketing of the development and reuse of the installation4 7,e7 ,the ,secretary may recoup from a redevelopment authority such portion of the proceeds from a sale or lease described in subparagraph 7,b7 as the ,secretary determines appropriate if the redevelopment authority does not use the proceeds to support economic redevelopment of1 or related to1 the installation for the period specified in subparagraph 7,b74 7,f7 7i7 ,the ,secretary may transfer real property at an installation approved for consolidation1 closure1 or realignment under this ,act 7including property at an installation approved for realignment which will be retained by the ,department of ,defense or another ,federal agency after realignment7 to the redevelopment authority for the installation if the redevelopment authority agrees to lease1 directly upon transfer1 one or more portions of the property transferred under this subparagraph to the ,secretary or to the head of another department or agency of the ,federal ,government4 ,subparagraph 7,b7 shall apply to a transfer under this subparagraph4 7ii7 ,a lease under clause 7i7 shall be for a term of not to exceed #ej years1 but may provide for options for renewal or extension of the term by the department or agency concerned4 7iii7 ,a lease under clause 7i7 may not require rental payments by the ,united ,states4 7iv7 ,a lease under clause 7i7 shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease1 the remainder of the lease term may be satisfied by the same or another department or agency of the ,federal ,government using the property for a use similar to the use under the lease4 ,exercise of the authority provided by this clause shall be made in consultation with the redevelopment authority concerned4 7v7 ,notwithstanding clause 7iii71 if a lease under clause 7i7 involves a substantial portion of the installation1 the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authority's assignee as a provision of the lease4 ,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 property4 ,facility services and common area maintenance covered by the lease shall not include-- 7,i7 municipal services that a ,state or local government is required by law to provide to all landowners in its jurisdiction without direct charge2 or 7,,ii7 firefighting or security guard functions4 7,g7 ,the transfer of personal property under subparagraph 7,a7 shall not be subject to the provisions of subchapters ,,ii and ,,iii of chapter #e of title #dj1 ,united ,states ,code1 if the ,secretary determines that the transfer of such property is necessary for the effective implementation of a redevelopment plan with respect to the installation at which such property is located4 7,h7 ,the provisions of section #abj7;h7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h77 shall apply to any transfer of real property under this paragraph4 7,i7 ,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 ,states4 7#e7 7,a7 ,except as provided in subparagraphs 7,b7 and 7,c71 the ,secretary shall take such actions as the ,secretary determines necessary to ensure that final determinations under paragraph 7#a7 regarding whether another department or agency of the ,federal ,government has identified a use for any portion of a military installation to be closed or realigned under this ,act1 or will accept transfer of any portion of such installation1 are made not later than #f months after the date of approval of the consolidation1 closure1 or realignment of that installation4 7,b7 ,the ,secretary may1 in consultation with the redevelopment authority with respect to an installation1 postpone making the final determinations referred to in subparagraph 7,a7 with respect to the installation for such period as the ,secretary determines appropriate if the ,secretary determines that such postponement is in the best interests of the communities affected by the consolidation1 closure1 or realignment of the installation4 7,c7 7i7 ,before acquiring non-,federal real property as the location for a new or replacement ,federal facility of any type1 the head of the ,federal agency acquiring the property shall consult with the ,secretary regarding the feasibility and cost advantages of using ,federal property or facilities at a military installation closed or realigned or to be closed or realigned under this ,act as the location for the new or replacement facility4 ,in considering the availability and suitability of a specific military installation1 the ,secretary and the head of the ,federal agency involved shall obtain the concurrence of the redevelopment authority with respect to the installation and comply with the redevelopment plan for the installation4 7ii7 ,not later than #cj days after acquiring non-,federal real property as the location for a new or replacement ,federal facility1 the head of the ,federal agency acquiring the property shall submit to ,congress a report containing the results of the consultation under clause 7i7 and the reasons why military installations referred to in such clause that are located within the area to be served by the new or replacement ,federal facility or within a #bjj-mile radius of the new or replacement facility1 whichever area is greater1 were considered to be unsuitable or unavailable for the site of the new or replacement facility4 7#f7 7,a7 ,the disposal of buildings and property located at installations approved consolidation1 closure1 or realignment under this title shall be carried out in accordance with this paragraph4 7,b7 7i7 ,not later than the date on which the ,secretary of ,defense completes the final determinations referred to in paragraph 7#e7 relating to the use or transferability of any portion of an installation covered by this paragraph1 the ,secretary shall-- 7,i7 identify the buildings and property at the installation for which the ,department of ,defense has a use1 for which another department or agency of the ,federal ,government has identified a use1 or of which another department or agency will accept a transfer2 7,,ii7 take such actions as are necessary to identify any building or property at the installation not identified under subclause 7,i7 that is excess property or surplus property2 7,,iii7 submit to the ,secretary of ,housing and ,urban ,development and to the redevelopment authority for the installation 7or the chief executive officer of the ,state in which the installation is located if there is no redevelopment authority for the installation at the completion of the determination described in the stem of this sentence7 information on any building or property that is identified under subclause 7,,ii72 and 7,,iv7 publish in the ,federal ,register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the buildings and property identified under subclause 7,,ii74 7ii7 ,upon the recognition of a redevelopment authority for an installation covered by this paragraph1 the ,secretary of ,defense shall publish in the ,federal ,register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the redevelopment authority4 7,c7 7i7 ,state and local governments1 representatives of the homeless1 and other interested parties located in the communities in the vicinity of an installation covered by this paragraph shall submit to the redevelopment authority for the installation a notice of the interest1 if any1 of such governments1 representatives1 and parties in the buildings or property1 or any portion thereof1 at the installation that are identified under subparagraph 7,b77i77,,ii74 ,a notice of interest under this clause shall describe the need of the government1 representative1 or party concerned for the buildings or property covered by the notice4 7ii7 ,the redevelopment authority for an installation shall assist the governments1 representatives1 and parties referred to in clause 7i7 in evaluating buildings and property at the installation for purposes of this subparagraph4 7iii7 ,in providing assistance under clause 7ii71 a redevelopment authority shall-- 7,i7 consult with representatives of the homeless in the communities in the vicinity of the installation concerned2 and 7,,ii7 undertake outreach efforts to provide information on the buildings and property to representatives of the homeless1 and to other persons or entities interested in assisting the homeless1 in such communities4 7iv7 ,it is the sense of ,congress that redevelopment authorities should begin to conduct outreach efforts under clause 7iii77,,ii7 with respect to an installation as soon as is practicable after the date of approval of closure or realignment of the installation4 7,d7 7i7 ,state and local governments1 representatives of the homeless1 and other interested parties shall submit a notice of interest to a redevelopment authority under subparagraph 7,c7 not later than the date specified for such notice by the redevelopment authority4 7ii7 ,the date specified under clause 7i7 shall be-- 7,i7 in the case of an installation for which a redevelopment authority has been recognized as of the date of the completion of the determinations referred to in paragraph 7#e71 not earlier than #c months and not later than #f months after the date of publication of such determination in a newspaper of general circulation in the communities in the vicinity of the installation under subparagraph 7,b77i77,,iv72 and 7,,ii7 in the case of an installation for which a redevelopment authority is not recognized as of such date1 not earlier than #c months and not later than #f months after the date of the recognition of a redevelopment authority for the installation4 7iii7 ,upon specifying a date for an installation under this subparagraph1 the redevelopment authority for the installation shall-- 7,i7 publish the date specified in a newspaper of general circulation in the communities in the vicinity of the installation concerned2 and 7,,ii7 notify the ,secretary of ,defense of the date4 7,e7 7i7 ,in submitting to a redevelopment authority under subparagraph 7,c7 a notice of interest in the use of buildings or property at an installation to assist the homeless1 a representative of the homeless shall submit the following3 7,i7 ,a description of the homeless assistance program that the representative proposes to carry out at the installation4 7,,ii7 ,an assessment of the need for the program4 7,,iii7 ,a description of the extent to which the program is or will be coordinated with other homeless assistance programs in the communities in the vicinity of the installation4 7,,iv7 ,a description of the buildings and property at the installation that are necessary in order to carry out the program4 7,v7 ,a description of the financial plan1 the organization1 and the organizational capacity of the representative to carry out the program4 7,,vi7 ,an assessment of the time required in order to commence carrying out the program4 7ii7 ,a redevelopment authority may not release to the public any information submitted to the redevelopment authority under clause 7i77,v7 without the consent of the representative of the homeless concerned unless such release is authorized under ,federal law and under the law of the ,state and communities in which the installation concerned is located4 7,f7 7i7 ,the redevelopment authority for each installation covered by this paragraph shall prepare a redevelopment plan for the installation4 ,the redevelopment authority shall1 in preparing the plan1 consider the interests in the use to assist the homeless of the buildings and property at the installation that are expressed in the notices submitted to the redevelopment authority under subparagraph 7,c74 7ii7 7,i7 ,in connection with a redevelopment plan for an installation1 a redevelopment authority and representatives of the homeless shall prepare legally binding agreements that provide for the use to assist the homeless of buildings and property1 resources1 and assistance on or off the installation4 ,the implementation of such agreements shall be contingent upon the decision regarding the disposal of the buildings and property covered by the agreements by the ,secretary of ,defense under subparagraph 7,k7 or 7,l74 7,,ii7 ,agreements under this clause shall provide for the reversion to the redevelopment authority concerned1 or to such other entity or entities as the agreements shall provide1 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 purpose4 7iii7 ,a redevelopment authority shall provide opportunity for public comment on a redevelopment plan before submission of the plan to the ,secretary of ,defense and the ,secretary of ,housing and ,urban ,development under subparagraph 7,g74 7iv7 ,a redevelopment authority shall complete preparation of a redevelopment plan for an installation and submit the plan under subparagraph 7,g7 not later than #i months after the date specified by the redevelopment authority for the installation under subparagraph 7,d74 7,g7 7i7 ,upon completion of a redevelopment plan under subparagraph 7,f71 a redevelopment authority shall submit an application containing the plan to the ,secretary of ,defense and to the ,secretary of ,housing and ,urban ,development4 7ii7 ,a redevelopment authority shall include in an application under clause 7i7 the following3 7,i7 ,a copy of the redevelopment plan1 including a summary of any public comments on the plan received by the redevelopment authority under subparagraph 7,f77iii74 7,,ii7 ,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 7,c71 together with a description of the manner1 if any1 in which the plan addresses the interest expressed in each such notice and1 if the plan does not address such an interest1 an explanation why the plan does not address the interest4 7,,iii7 ,a summary of the outreach undertaken by the redevelopment authority under subparagraph 7,c77iii77,,ii7 in preparing the plan4 7,,iv7 ,a statement identifying the representatives of the homeless and the homeless assistance planning boards1 if any1 with which the redevelopment authority consulted in preparing the plan1 and the results of such consultations4 7,v7 ,an assessment of the manner in which the redevelopment plan balances the expressed needs of the homeless and the need of the communities in the vicinity of the installation for economic redevelopment and other development4 7,,vi7 ,copies of the agreements that the redevelopment authority proposes to enter into under subparagraph 7,f77ii74 7,h7 7i7 ,not later than #fj days after receiving a redevelopment plan under subparagraph 7,g71 the ,secretary of ,housing and ,urban ,development shall complete a review of the plan4 ,the purpose of the review is to determine whether the plan1 with respect to the expressed interest and requests of representatives of the homeless-- 7,i7 takes into consideration the size and nature of the homeless population in the communities in the vicinity of the installation1 the availability of existing services in such communities to meet the needs of the homeless in such communities1 and the suitability of the buildings and property covered by the plan for the use and needs of the homeless in such communities2 7,,ii7 takes into consideration any economic impact of the homeless assistance under the plan on the communities in the vicinity of the installation2 7,,iii7 balances in an appropriate manner the needs of the communities in the vicinity of the installation for economic redevelopment and other development with the needs of the homeless in such communities2 7,,iv7 was developed in consultation with representatives of the homeless and the homeless assistance planning boards1 if any1 in the communities in the vicinity of the installation2 and 7,v7 specifies the manner in which buildings and property1 resources1 and assistance on or off the installation will be made available for homeless assistance purposes4 7ii7 ,it is the sense of ,congress that the ,secretary of ,housing and ,urban ,development shall1 in completing the review of a plan under this subparagraph1 take into consideration and be receptive to the predominant views on the plan of the communities in the vicinity of the installation covered by the plan4 7iii7 ,the ,secretary of ,housing and ,urban ,development may engage in negotiations and consultations with a redevelopment authority before or during the course of a review under clause 7i7 with a view toward resolving any preliminary determination of the ,secretary that a redevelopment plan does not meet a requirement set forth in that clause4 ,the redevelopment authority may modify the redevelopment plan as a result of such negotiations and consultations4 7iv7 ,upon completion of a review of a redevelopment plan under clause 7i71 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 clause4 7v7 ,if the ,secretary of ,housing and ,urban ,development determines as a result of such a review that a redevelopment plan does not meet the requirements set forth in clause 7i71 a notice under clause 7iv7 shall include-- 7,i7 an explanation of that determination2 and 7,,ii7 a statement of the actions that the redevelopment authority must undertake in order to address that determination4 7,i7 7i7 ,upon receipt of a notice under subparagraph 7,h77iv7 of a determination that a redevelopment plan does not meet a requirement set forth in subparagraph 7,h77i71 a redevelopment authority shall have the opportunity to-- 7,i7 revise the plan in order to address the determination2 and 7,,ii7 submit the revised plan to the ,secretary of ,defense and the ,secretary of ,housing and ,urban ,development4 7ii7 ,a redevelopment authority shall submit a revised plan under this subparagraph to such ,secretaries1 if at all1 not later than #ij days after the date on which the redevelopment authority receives the notice referred to in clause 7i74 7,j7 7i7 ,not later than #cj days after receiving a revised redevelopment plan under subparagraph 7,i71 the ,secretary of ,housing and ,urban ,development shall review the revised plan and determine if the plan meets the requirements set forth in subparagraph 7,h77i74 7ii7 ,the ,secretary of ,housing and ,urban ,development shall notify the ,secretary of ,defense and the redevelopment authority concerned of the determination of the ,secretary of ,housing and ,urban ,development under this subparagraph4 7,k7 7i7 ,upon receipt of a notice under subparagraph 7,h77iv7 or 7,j77ii7 of the determination of the ,secretary of ,housing and ,urban ,development that a redevelopment plan for an installation meets the requirements set forth in subparagraph 7,h77i71 the ,secretary of ,defense shall dispose of the buildings and property at the installation4 7ii7 ,for purposes of carrying out an environmental assessment of the closure or realignment of an installation1 the ,secretary of ,defense shall treat the redevelopment plan for the installation 7including the aspects of the plan providing for disposal to ,state or local governments1 representatives of the homeless1 and other interested parties7 as part of the proposed ,federal action for the installation4 7iii7 ,the ,secretary of ,defense shall dispose of buildings and property under clause 7i7 in accordance with the record of decision or other decision document prepared by the ,secretary in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 ,in preparing the record of decision or other decision document1 the ,secretary shall give substantial deference to the redevelopment plan concerned4 7iv7 ,the disposal under clause 7i7 of buildings and property to assist the homeless shall be without consideration4 7v7 ,in the case of a request for a conveyance under clause 7i7 of buildings and property for public benefit under section #eej of title #dj1 ,united ,states ,code1 or sections #dgaea through #dgaec of title #di1 ,united ,states ,code1 the sponsoring ,federal agency shall use the eligibility criteria set forth in such section or such subchapter 7as the case may be7 to determine the eligibility of the applicant and use proposed in the request for the public benefit conveyance4 ,the determination of such eligibility should be made before submission of the redevelopment plan concerned under subparagraph 7,g74 7,l7 7i7 ,if the ,secretary of ,housing and ,urban ,development determines under subparagraph 7,j7 that a revised redevelopment plan for an installation does not meet the requirements set forth in subparagraph 7,h77i71 or if no revised plan is so submitted1 that ,secretary shall-- 7,i7 review the original redevelopment plan submitted to that ,secretary under subparagraph 7,g71 including the notice or notices of representatives of the homeless referred to in clause 7ii77,,ii7 of that subparagraph2 7,,ii7 consult with the representatives referred to in subclause 7,i71 if any1 for purposes of evaluating the continuing interest of such representatives in the use of buildings or property at the installation to assist the homeless2 7,,iii7 request that each such representative submit to that ,secretary the items described in clause 7ii72 and 7,,iv7 based on the actions of that ,secretary under subclauses 7,i7 and 7,,ii71 and on any information obtained by that ,secretary as a result of such actions1 indicate to the ,secretary of ,defense the buildings and property at the installation that meet the requirements set forth in subparagraph 7,h77i74 7ii7 ,the ,secretary of ,housing and ,urban ,development may request under clause 7i77,,iii7 that a representative of the homeless submit to that ,secretary the following3 7,i7 ,a description of the program of such representative to assist the homeless4 7,,ii7 ,a description of the manner in which the buildings and property that the representative proposes to use for such purpose will assist the homeless4 7,,iii7 ,such information as that ,secretary requires in order to determine the financial capacity of the representative to carry out the program and to ensure that the program will be carried out in compliance with ,federal environmental law and ,federal law against discrimination4 7,,iv7 ,a certification that police services1 fire protection services1 and water and sewer services available in the communities in the vicinity of the installation concerned are adequate for the program4 7iii7 ,not later than #ij days after the date of the receipt of a revised plan for an installation under subparagraph 7,j71 the ,secretary of ,housing and ,urban ,development shall-- 7,i7 notify the ,secretary of ,defense and the redevelopment authority concerned of the buildings and property at an installation under clause 7i77,,iv7 that the ,secretary of ,housing and ,urban ,development determines are suitable for use to assist the homeless2 and 7,,ii7 notify the ,secretary of ,defense of the extent to which the revised plan meets the criteria set forth in subparagraph 7,h77i74 7iv7 7,i7 ,upon notice from the ,secretary of ,housing and ,urban ,development with respect to an installation under clause 7iii71 the ,secretary of ,defense shall dispose of buildings and property at the installation in consultation with the ,secretary of ,housing and ,urban ,development and the redevelopment authority concerned4 7,,ii7 ,for purposes of carrying out an environmental assessment of the closure or realignment of an installation1 the ,secretary of ,defense shall treat the redevelopment plan submitted by the redevelopment authority for the installation 7including the aspects of the plan providing for disposal to ,state or local governments1 representatives of the homeless1 and other interested parties7 as part of the proposed ,federal action for the installation4 ,the ,secretary of ,defense shall incorporate the notification of the ,secretary of ,housing and ,urban ,development under clause 7iii77,i7 as part of the proposed ,federal action for the installation only to the extent1 if any1 that the ,secretary of ,defense considers such incorporation to be appropriate and consistent with the best and highest use of the installation as a whole1 taking into consideration the redevelopment plan submitted by the redevelopment authority4 7,,iii7 ,the ,secretary of ,defense shall dispose of buildings and property under subclause 7,i7 in accordance with the record of decision or other decision document prepared by the ,secretary in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 ,in preparing the record of decision or other decision document1 the ,secretary shall give deference to the redevelopment plan submitted by the redevelopment authority for the installation4 7,,iv7 ,the disposal under subclause 7,i7 of buildings and property to assist the homeless shall be without consideration4 7,v7 ,in the case of a request for a conveyance under subclause 7,i7 of buildings and property for public benefit under section #eej of title #dj1 ,united ,states ,code1 or sections #dgaea through #dgaec of title #di1 ,united ,states ,code1 the sponsoring ,federal agency shall use the eligibility criteria set forth in such section or such subchapter 7as the case may be7 to determine the eligibility of the applicant and use proposed in the request for the public benefit conveyance4 ,the determination of such eligibility should be made before submission of the redevelopment plan concerned under subparagraph 7,g74 7,m7 7i7 ,in the event of the disposal of buildings and property of an installation pursuant to subparagraph 7,k7 or 7,l71 the redevelopment authority for the installation shall be responsible for the implementation of and compliance with agreements under the redevelopment plan described in that subparagraph for the installation4 7ii7 ,if a building or property reverts to a redevelopment authority under such an agreement1 the redevelopment authority shall take appropriate actions to secure1 to the maximum extent practicable1 the utilization of the building or property by other homeless representatives to assist the homeless4 ,a redevelopment authority may not be required to utilize the building or property to assist the homeless4 7,n7 ,the ,secretary of ,defense may postpone or extend any deadline provided for under this paragraph in the case of an installation covered by this paragraph for such period as the ,secretary considers appropriate if the ,secretary determines that such postponement is in the interests of the communities affected by the closure or realignment of the installation4 ,the ,secretary shall make such determinations in consultation with the redevelopment authority concerned and1 in the case of deadlines provided for under this paragraph with respect to the ,secretary of ,housing and ,urban ,development1 in consultation with the ,secretary of ,housing and ,urban ,development4 7,o7 ,for purposes of this paragraph1 the term communities in the vicinity of the installation1 in the case of an installation1 means the communities that constitute the political jurisdictions 7other than the ,state in which the installation is located7 that comprise the redevelopment authority for the installation4 7,p7 ,for purposes of this paragraph1 the term other interested parties1 in the case of an installation1 includes any parties eligible for the conveyance of property of the installation under section #eej of title #dj1 ,united ,states ,code1 or sections #dgaea through #dgaec of title #di1 ,united ,states ,code1 whether or not the parties assist the homeless4 7c7 ,applicability of ,national ,environmental ,policy ,act of #aifi 7#a7 ,the provisions of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 shall not apply to the actions of the ,president1 the ,commission1 and1 except as provided in paragraph 7#b71 the ,department of ,defense in carrying out this ,act4 7#b7 7,a7 ,the provisions of the ,national ,environmental ,policy ,act of #aifi shall apply to actions of the ,department of ,defense under this ,act-- 7i7 during the process of property disposal2 and 7ii7 during the process of relocating functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated4 7,b7 ,in applying the provisions of the ,national ,environmental ,policy ,act of #aifi to the processes referred to in subparagraph 7,a71 the ,secretary of ,defense and the ,secretary of the military departments concerned shall not have to consider-- 7i7 the need for closing or realigning the military installation which has been recommended for the consolidation1 closure1 or realignment by the ,commission2 7ii7 the need for transferring functions to any military installation which has been selected as the receiving installation2 or 7iii7 military installations alternative to those recommended or selected4 7#c7 ,a civil action for judicial review1 with respect to any requirement of the ,national ,environmental ,policy ,act of #aifi to the extent such ,act is applicable under paragraph 7#b71 of any act or failure to act by the ,department of ,defense during the closing1 realigning1 or relocating of functions referred to in clauses 7i7 and 7ii7 of paragraph 7#b77;,a71 may not be brought more than #fj days after the date of such act or failure to act4 7d7 ,waiver ,the ,secretary of ,defense may close or realign military installations under this ,act without regard to-- 7#a7 any provision of law restricting the use of funds for closing or realigning military installations included in any appropriations or authorization ,act2 and 7#b7 sections #bffb and #bfhg of title #aj1 ,united ,states ,code4 7e7 ,transfer authority in connection with payment of environmental remediation costs 7#a7 7,a7 ,subject to paragraph 7#b7 of this subsection and section #abj7;h7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h771 the ,secretary may enter into an agreement to transfer by deed real property or facilities referred to in subparagraph 7,b7 with any person who agrees to perform all environmental restoration1 waste management1 and environmental compliance activities that are required for the property or facilities under ,federal and ,state laws1 administrative decisions1 agreements 7including schedules and milestones71 and concurrences4 7,b7 ,the real property and facilities referred to in subparagraph 7,a7 are the real property and facilities located at an installation closed or to be closed1 or realigned or to be realigned1 under this ,act that are available exclusively for the use1 or expression of an interest in a use1 of a redevelopment authority under subsection 7b77#f77;,f7 during the period provided for that use1 or expression of interest in use1 under that subsection4 ,the real property and facilities referred to in subparagraph 7,a7 are also the real property and facilities located at an installation approved for consolidation1 closure1 or realignment under this ,act after #bjja that are available for purposes other than to assist the homeless4 7,c7 ,the ,secretary may require any additional terms and conditions in connection with an agreement authorized by subparagraph 7,a7 as the ,secretary considers appropriate to protect the interests of the ,united ,states4 7#b7 ,a transfer of real property or facilities may be made under paragraph 7#a7 only if the ,secretary certifies to ,congress that-- 7,a7 the costs of all environmental restoration1 waste management1 and environmental compliance activities otherwise to be paid by the ,secretary with respect to the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred1 as determined by the ,secretary2 or 7,b7 if such costs are lower than the fair market value of the property or facilities1 the recipient of the property or facilities agrees to pay the difference between the fair market value and such costs4 7#c7 ,in the case of property or facilities covered by a certification under paragraph 7#b77;,a71 the ,secretary may pay the recipient of such property or facilities an amount equal to the lesser of-- 7,a7 the amount by which the costs incurred by the recipient of such property or facilities for all environmental restoration1 waste1 management1 and environmental compliance activities with respect to such property or facilities exceed the fair market value of such property or facilities as specified in such certification2 or 7,b7 the amount by which the costs 7as determined by the ,secretary7 that would otherwise have been incurred by the ,secretary for such restoration1 management1 and activities with respect to such property or facilities exceed the fair market value of such property or facilities as so specified4 7#d7 ,as part of an agreement under paragraph 7#a71 the ,secretary shall disclose to the person to whom the property or facilities will be transferred any information of the ,secretary regarding the environmental restoration1 waste management1 and environmental compliance activities described in paragraph 7#a7 that relate to the property or facilities4 ,the ,secretary shall provide such information before entering into the agreement4 7#e7 ,nothing in this subsection shall be construed to modify1 alter1 or amend the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 or the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 7#f7 ,section #ccj of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiic 7,public ,law #ajb-dhd2 #aj ,u4,s4,c4 #bfhg note7 shall not apply to any transfer under this subsection to persons or entities described in subsection 7a77#b7 of such section #ccj1 except in the case of releases or threatened releases not disclosed pursuant to paragraph 7#d74 #ad4 ,account 7a7 ,establishment 7#a7 ,if the ,secretary makes the certification required under section #c7;d71 there shall be established on the books of the ,treasury an account to be known as the ,military ,infrastructure ,consolidation and ,efficiency #bjai4 ,the ,account shall be administered by the ,secretary as a single account4 7#b7 ,there shall be deposited into the ,account-- 7,a7 funds authorized for an appropriation to the ,account2 7,b7 any funds that the ,secretary may1 subject to approval in an appropriations ,act1 transfer to the ,account from funds appropriated to the ,department of ,defense for any purpose1 except that such funds may be transferred only after the date on which the ,secretary transmits written notice of1 and justification for1 such transfer to the congressional defense committees2 and 7,c7 except as provided in subsection 7c71 proceeds received from the lease1 transfer1 or disposal of any property at a military installation that is consolidated1 closed1 or realigned under this ,act4 7#c7 ,the ,account shall be closed at the time and in the manner provided for appropriation accounts under section #aeee of title #ca1 ,united ,states ,code4 ,unobligated funds which remain in the ,account upon the closure shall be held by the ,secretary of the ,treasury until transferred by law after the congressional defense committees receive the final report transmitted under section #ad7;a77#c74 7b7 ,use of ,funds 7#a7 ,in such amounts as may be provided in advance in appropriation ,acts1 the ,secretary may use the ,account only for the purposes described in section #ab with respect to military installations approved for consolidation1 closure1 or realignment under this ,act4 7#b7 ,when a decision is made to use funds in the ,account to carry out a military construction project under section #aa7;b77#a7 and the cost of the project will exceed the maximum amount authorized by law for a minor military construction project1 the ,secretary shall notify1 in writing1 the congressional defense committees of the nature of1 and justification for1 the project and the amount of expenditures for such project4 ,any such project may be carried out without regard to section #bhjb7;a7 of title #aj1 ,united ,states ,code4 7c7 ,authorized cost variations 7#a7 ,maximum increase ,subject to paragraph 7#b71 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 #be percent of the amount specified for such closure or realignment action in the report transmitted by the ,commission to the ,president pursuant to section #i7;d74 7#b7 ,exception ,the limitation on cost variations in paragraph 7#a7 shall not apply if-- 7,a7 the ,secretary of ,defense notifies the congressional defense committees1 in writing1 of the cost increase and the reason therefor and certifies that the increased cost is necessary in order to implement the recommendation2 and 7,b7 a period of #fj days has elapsed after the date on which such notification is provided or1 if the notification is provided in an electronic medium pursuant to section #dhj of title #aj1 ,united ,states ,code1 a period of #de days has elapsed4 7d7 ,disposal or transfer of commissary stores and property purchased with nonappropriated funds 7#a7 ,if any real property or facility acquired1 constructed1 or improved 7in whole or in part7 with commissary store funds or nonappropriated funds is transferred or disposed of in connection with the consolidation1 closure1 or realignment of a military installation under this ,act1 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 #bjd7;b77#g77;,c7 of the ,defense ,authorization ,amendments and ,base ,closure and ,realignment ,act 7#aj ,u4,s4,c4 #bfhg note74 7#b7 ,the amount so deposited shall be equal to the depreciated value of the investment made with such funds in the acquisition1 construction1 or improvement of that particular real property or facility4 ,the depreciated value of the investment shall be computed in accordance with regulations prescribed by the ,secretary of ,defense4 7#c7 ,in such amounts as may be provided in advance in appropriations ,acts1 the ,secretary may use amounts in the reserve account for the purpose of acquiring1 constructing1 and improving commissary stores and real property and facilities for nonappropriated fund instrumentalities4 7e7 ,account exclusive source of funds for environmental restoration projects ,except for funds deposited into the ,account under subsection 7a71 funds appropriated to the ,department of ,defense may not be used for purposes described in section #ab4 ,the prohibition in this subsection shall expire upon the closure of the account under subsection 7a77#c74 #ae4 ,restriction on other base closure authority 7a7 ,in general ,except as provided in subsection 7c71 during the period beginning on the date of enactment of this ,act1 and ending on ,april #ae1 #bjbj1 this ,act shall be the exclusive authority for selecting for consolidation1 closure1 or realignment1 or for carrying out any consolidation1 closure1 or realignment of1 a military installation inside the ,united ,states4 7b7 ,restriction ,except as provided in subsection 7c71 none of the funds available to the ,department may be used1 other than under this ,act1 during the period specified in subsection 7a7-- 7#a7 to identify1 through any transmittal to the ,congress or through any other public announcement or notification1 any military installation inside the ,united ,states as an installation to be consolidated1 closed1 or realigned1 or as an installation under consideration for consolidation1 closure1 or realignment2 or 7#b7 to carry out any consolidation1 closure1 or realignment of a military installation inside the ,united ,states4 7c7 ,exception ,nothing in this title affects the authority of the ,secretary of ,defense to carry out closures or realignments to which section #bfhg of title #aj1 ,united ,states ,code1 is not applicable1 including closures and realignments carried out for reasons of national security or a military emergency referred to in subsection 7c7 of such section4 #af4 ,required reports 7a7 ,military infrastructure consolidation and efficiency account 7#a7 ,report required ,no later than #fj days after the end of each fiscal year in which the ,secretary carries out activities under this ,act using amounts in the ,account1 the ,secretary of ,defense shall transmit a report to the congressional defense committees of-- 7,a7 the amount and nature of the deposits into1 and the expenditures from1 the ,account during such fiscal year2 7,b7 the amount and nature of other expenditures made pursuant to section #ab during such fiscal year2 7,c7 the amount and nature of anticipated deposits to be made into1 and the anticipated expenditures to be made from1 the ,account during the first fiscal year commencing after the submission of the report2 and 7,d7 the amount and nature of anticipated expenditures to be made pursuant to section #ab during the first fiscal year commencing after the submission of the report4 7#b7 ,additional elements of report ,the report for a fiscal year shall include the following3 7,a7 ,the obligations and expenditures from the ,account during the fiscal year1 identified by subaccount and installation1 for each military department and ,defense ,agency4 7,b7 ,the fiscal year in which appropriations for such expenditures were made and the fiscal year in which funds were obligated for such expenditure4 7,c7 ,each military construction project for which such obligations and expenditures were made1 identified by installation and project title4 7,d7 ,a description and explanation of the extent1 if any1 to which expenditures for military construction projects for the fiscal year differed from proposals for projects and funding levels that were included in the justification transmitted to ,congress under subsection 7b71 or otherwise1 for the funding proposals for the ,account for such fiscal year1 including explanations of any failure to carry out military construction projects that were so proposed and any expenditures for military construction projects that were not so proposed4 7,e7 ,an estimate of the net revenues to be received from property disposals to be completed during the first fiscal year commencing after the submission of the report at military installations approved for consolidation1 closure1 or realignment under this ,act4 7#c7 ,final report ,not later than #fj days after the closure of the ,account under section #ad1 the ,secretary shall transmit to the congressional defense committees a report containing an accounting of all the funds deposited into and expended from the ,account or otherwise expended under this ,act with respect to such installations1 and any amount remaining in the account4 7b7 ,annual military infrastructure consolidation and efficiency implementation report ,as part of the budget request for fiscal year #bjba1 and for each fiscal year thereafter through fiscal year #bjcb1 for the ,department1 the ,secretary shall transmit to the congressional defense committees-- 7#a7 a schedule of the closure actions to be carried out under this ,act in the fiscal year for which the request is made and an estimate of the total expenditures required and cost savings to be achieved by each such closure and of the time period in which these savings are to be achieved in each case1 together with the ,secretary's assessment of the environmental effects of such actions2 7#b7 a description of the military installations1 including those under construction and those planned for construction1 to which functions are to be transferred as a result of such closure1 together with the ,secretary's assessment of the environmental effects of such transfers2 7#c7 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 installation1 including whether-- 7,a7 a redevelopment authority has been recognizes by the ,secretary for the installation2 7,b7 the screening of property at the installation for other ,federal use has been completed2 and 7,c7 a redevelopment plan has been agreed to by the redevelopment authority for the installation2 7#d7 a description of redevelopment plans for military installations approved for closure under this ,act1 the quantity of property remaining to be disposed of at each installation as part of its closure1 and the quantity of property already disposed of at each installation2 7#e7 a list of ,federal agencies that have requested property during the screening process for each military installation approved for closure under this ,act1 including the date of transfer or anticipated transfer of the property to such agencies1 the acreage involved in such transfers1 and an explanation for any delays in such transfer2 7#f7 a list of known environmental remediation issues at each military installation approved for closure under this ,act1 including the acreage affected by these issues1 an estimate of the cost to complete such environmental remediation1 and the plans 7and timelines7 to address such environmental remediation2 and 7#g7 an estimate of the date for the completion of all closure actions at each military installation approved for consolidation1 closure1 or realignment under this ,act4 #ag4 ,definitions ,in this ,act3 7#a7 ,the term ,account means the ,military ,infrastructure ,consolidation and ,efficiency ,account established by section #ad7;a74 7#b7 ,the term congressional defense committees means the ,committees on ,armed ,services and the ,committees on ,appropriations of the ,senate and the ,house of ,representatives4 7#c7 ,the term ,commission means the ,military ,infrastructure ,consolidation and ,efficiency ,commission of #bjai established by section #g4 7#d7 ,the term date of approval1 with respect to a consolidation1 closure1 or realignment of a military installation1 means the date on which the authority of ,congress to disapprove a recommendation of consolidation1 closure1 or realignment1 as the case may be1 of such installation under this ,act expires4 7#e7 ,the term ,department means the ,department of ,defense4 7#f7 ,the term final selection criteria means the final selection criteria specified in section #f1 which consists of military value criteria and certain additional criteria4 7#g7 ,the term force structure plan means the force structure plan developed by the ,secretary under section #c7;a74 7#h7 ,the term infrastructure inventory means the infrastructure inventory conducted by the ,secretary under section #c7;b74 7#i7 ,the term military installation means a base1 camp1 post1 station1 yard1 center1 homeport facility for any ship1 or other activity under the jurisdiction of the ,department1 including any leased facility4 ,such term does not include any facility used primarily for civil works1 rivers and harbors projects1 flood control1 or other projects not under the primary jurisdiction or control of the ,department4 7#aj7 ,the term realignment includes any action which both reduces and relocates functions and civilian personnel positions but does not include a reduction in force resulting from workload adjustments1 reduced personnel or funding levels1 or skill imbalances4 7#aa7 ,the term redevelopment authority1 in the case of a military installation to be closed or realigned under this ,act1 means any entity 7including an entity established by a ,state or local government7 recognized by the ,secretary of ,defense as the entity responsible for developing the redevelopment plan with respect to the military installation or for directing the implementation of the redevelopment plan4 7#ab7 ,the term redevelopment plan1 in the case of a military installation to be closed or realigned under this ,act1 means a plan that-- 7,a7 is agreed to by the local redevelopment authority with respect to the military installation2 and 7,b7 provides for the reuse or redevelopment of the real property and personal property of the military installation that is available for such reuse and redevelopment as a result of the consolidation1 closure1 or realignment of the military installation4 7#ac7 ,the term representative of the homeless has the meaning given such term in section #eja7;i77#d7 of the ,stewart ,b4 ,mc,kinney ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa7;i77#d774 7#ad7 ,the term ,secretary means the ,secretary of ,defense4 7#ae7 ,the term ,united ,states means the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 the ,virgin ,islands1 ,american ,samoa1 the ,virgin ,islands of the ,united ,states1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other commonwealth1 territory1 or possession of the ,united ,states4 #ah4 ,treatment as a base closure law for purposes of other provisions of law 7a7 ,definition of base closure law in title #aj ,section #aja7;a77#ag7 of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new subparagraph3 7,d7 ,military ,infrastructure ,consolidation and ,efficiency ,act of #bjag4 4 7b7 ,definition of base closure law in other laws 7#a7 ,section #aca7;b7 of ,public ,law #ajg-bdi 7#aj ,u4,s4,c4 #bba note7 is amended by striking means and all that follows and inserting has the meaning given the term base closure law in section #aja7;a77#ag7 of title #aj1 ,united ,states ,code44 7#b7 ,section #accd7k77#a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiid 7,public ,law #ajc-afj2 #aj ,u4,s4,c4 #bgja note7 is amended by adding at the end the following new subparagraph3 7,c7 ,military ,infrastructure ,consolidation and ,efficiency ,act of #bjag4 4 7#c7 ,section #biah7;a77#a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiid 7,public ,law #ajc-afj2 #aj ,u4,s4,c4 #bfhg note7 is amended by adding at the end the following new subparagraph3 7,c7 ,military ,infrastructure ,consolidation and ,efficiency ,act of #bjag4 4 #ai4 ,conforming amendments 7a7 ,deposit and use of lease proceeds ,section #bffg7;e7 of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#e71 by striking on or after ,january #a1 #bjje1 and inserting from ,january #a1 #bjje through ,december #ca1 #bjje12 and 7#b7 by adding at the end the following new paragraph3 7#f7 ,money rentals received by the ,united ,states from a lease under subsection 7g7 at a military installation approved for consolidation1 closure1 or realignment under a base closure law on or after ,january #a1 #bjjf1 shall be deposited into the ,account established under section #ad7;a7 of the ,military ,infrastructure ,consolidation and ,efficiency ,act of #bjag4 4 7b7 ,requests by public agencies for property for public airports ,section #dgaea7;g7 of title #di1 ,united ,states ,code1 is amended by striking section #bfhg of title #aj1 section #bja of the ,defense ,authorization ,amendments and ,base ,closure and ,realignment ,act 7#aj ,u4,s4,c4 #bfhg note71 or section #bije of the ,defense ,base ,closure and ,realignment ,act of #aiij 7#aj ,u4,s4,c4 #bfhg note7 and inserting a base closure law1 as that term is defined in section #aja7;a77#ag7 of title #aj14 7c7 ,restored leave ,section #fcjd7;d77#c77;,a7 of title #e1 ,united ,states ,code1 is amended by striking the ,defense ,base ,closure and ,realignment ,act of #aiij 7part ,a of title ,,xxix of ,public ,law #aja-eaj2 #aj ,u4,s4,c4 #bfhg note7 and inserting a base closure law1 as that term is defined in section #aja7;a77#ag7 of title #aj14