118 STAT. 2126 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(d) REQUIREMENTS FOR REPLACEMENT FACILITIES.—The Sec retary of a military department may not accept a replacement facility, or addition to an existing facility, to be acquired by the United States in an exchange carried out using the authority pro vided by this section until that Secretary determines that the facility or addition— ‘‘(1) is complete and usable, fully functional, and ready for occupancy; ‘‘(2) satisfies all operational requirements; and ‘‘(3) meets all applicable Federal, State, and local require ments relating to health, safety, fire, and the environment. ‘‘(e) CONSULTATION REQUIREMENTS.—The Secretary of a mili tary department authorized to enter into an agreement under sub section (a) to convey an existing facility under the control of that Secretary by exchange shall consult with representatives of other reserve components to evaluate— ‘‘(1) the value of using the facility to meet the military requirements of another reserve component, instead of con veying the facility under this section; and ‘‘(2) the feasibility of using the conveyance of the facility to acquire a facility, or an addition to an existing facility, that would be jointly used by more than one reserve component or unit. ‘‘(f) ADVANCE NOTICE OF PROPOSED EXCHANGE.—(1) When a decision is made to enter into an agreement under subsection (a) to exchange a facility using the authority provided by this section, the Secretary of the military department authorized to enter into the agreement shall submit to the congressional defense committees a report on the proposed agreement. The report shall include the following: ‘‘(A) A description of the agreement, including the terms and conditions of the agreement, the parties to be involved in the agreement, the origin of the proposal that lead to the agreement, the intended use of the facility to be conveyed by the United States under the agreement, and any costs to be incurred by the United States to make the exchange under the agreement. ‘‘(B) A description of the facility to be conveyed by the United States under the agreement, including the current condition and fair market value of the facility, and a description of the method by which the fair market value of the facility was determined. ‘‘(C) Information on the facility, or addition to an existing facility, to be acquired by the United States under the agree ment and the intended use of the facility or addition, which shall meet requirements for information provided to Congress for military construction projects to obtain a similar facility or addition to an existing facility. ‘‘(D) A certification that the Secretary complied with the consultation requirements under subsection (e). ‘‘(E) A certification that the conveyance of the facility under the agreement is in the best interests of the United States and that the Secretary used competitive procedures to the maximum extent practicable to protect the interests of the United States. ‘‘(2) The agreement described in a report prepared under para graph (1) may be entered into, and the exchange covered by the
�
