Sec. 9. Commission review of Secretary of Defense recommendations for consolidation, closure, or realignment of military installations
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After receiving the recommendations from the Secretary of Defense for the consolidation, closure, and realignment of military installations pursuant to section 8, the Commission shall conduct public hearings on the recommendations. All testimony before the Commission at a public hearing conducted under this subsection shall be presented under oath. The Commission shall meet only during calendar year 2019, and each meeting, other than meetings in which classified information is to be discussed, shall be open to the public.
All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the following: The chairmen and ranking members of the Committees on Armed Services of the Senate and the House of Representatives, or such other members of the committees designated by such chairmen or ranking members. The chairmen and ranking members of the Subcommittees on Military Construction, Veterans Affairs, and Related Agencies of the Committees on Appropriations of the Senate and the House of Representatives, or such other members of the subcommittees designated by such chairmen or ranking members.
The chairmen and ranking members of the Subcommittees on Defense of the Committees on Appropriations of the Senate and the House of Representatives, or such other members of the subcommittees designated by such chairmen or ranking members. The Comptroller General of the United States shall assist the Commission, to the extent requested, in the Commission’s review of the recommendations submitted by the Secretary of Defense pursuant to section 8. Not later than 45 days after the date on which the Secretary transmits the recommendations to the Commission pursuant to subsection 8(b), the Comptroller General shall transmit to Congress and to the Commission a report containing a detailed analysis of the Secretary’s recommendations, selection process, and standard rules to calculate annual recurring savings.
Subject to paragraph (2), the Commission shall transmit to the President a report containing— the findings and conclusions of the Commission based on its review of the recommendations made by the Secretary pursuant to section 8; the recommendations of the Commission for the consolidation, closure, and realignment of military installations inside the United States; and an explanation and justification of each recommendation made by the Commission that is different from the Secretary pursuant to subsection (e).
The report of the Commission shall be transmitted before the later of the following: October 1, 2019. 180 days after the date on which the Secretary transmits the recommendations to the Commission pursuant to subsection 8(b). The report of the Commission also shall be made available to Congress and the public by means of the Internet or another electronic format on the same date on which the Commission transmits the report to the President. In making its recommendations under this section, the Commission may make changes, subject to subsection (f), in any of the recommendations made by the Secretary if the Commission determines that— the Secretary deviated substantially from the force structure plan or the final selection criteria in making the recommendation; or a recommendation made by the Secretary was justified by assessment data— that the Commission determines to be invalid; and that, if corrected, the Commission determines would significantly impact the military value or potential costs and savings of the recommendation.
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— the Commission provides the Secretary with at least a 15-day period, before making the change, in which to submit an explanation of the reasons why— in the case of considering a military installation for addition, the installation was not included on the consolidation, closure, or realignment list by the Secretary; or in the case of considering a military installation for removal, the installation was included on the consolidation, closure, or realignment list by the Secretary; and the decision to add or remove the installation for Commission consideration is supported by at least seven members of the Commission.
In addition to complying with the requirements of subsection (e), the Commission may remove a military installation from the list of recommendations made by the Secretary, or decrease the extent of a realignment proposed by a particular recommendation, only if the decision to remove that recommendation is supported by a simple majority of the members of the Commission. In addition to complying with the requirements of subsection (e), the Commission may add a military installation to the list of recommendations made by the Secretary, or increase the extent of a realignment proposed by a particular recommendation, only if— the Commission— determines that the change is consistent with the force structure plan, infrastructure inventory, and final selection criteria; publishes a notice of the proposed change in the Federal Register not less than 45 days before transmitting its recommendations to the President pursuant to subsection (d); and conducts public hearings on the proposed change; at least two Members of the Commission visit the military installation before the date of the transmittal of the report pursuant to subsection (c); and the decision of the Commission to make the change is supported by at least seven members of the Commission.
For each change made by the Commission in the recommendations of the Secretary, the Commission, in coordination with the Secretary, shall provide an updated estimated costs to complete the recommended consolidation, closure, or realignment action and potential savings of the recommendation. A member of the Commission shall recuse himself or herself from consideration of a matter before the Commission— in accordance with section 208 of title 18, United States Code; and in addition, in the event that the member is concerned that other circumstances would raise a question regarding the legitimacy and impartiality of the final recommendations of the Commission.
In recusing himself or herself from consideration of a matter before the Commission, the member shall not participate in the deliberations on, or vote regarding, such a matter.