Overseas Base Closure and Realignment Act of 1989

Overseas Base Closure and Realignment Act of 1989 - Establishes the Commission on Realignment and Closure of Bases Outside the United States. Requires the Commission to make recommendations with respect to the realignment or closure of U.S. military installations outside the United States and report to the Secretary and specified congressional committees the results of such recommendations. Directs the Secretary of Defense to: (1) close all military installations located outside the United States and recommended for closure by the Commission on Realignment and Closure of Bases Outside the United States; (2) realign all military installations located outside the United States and recommended for realignment by the Commission; and (3) initiate such closure or realignment no later than the earliest date on which the United States may, pursuant to treaty or other agreement with the foreign country concerned, close or realign the military installation concerned.

Prohibits the Secretary from carrying out any closure or realignment under this Act unless: (1) no later than March 15, 1990, the Secretary has reported to the Senate and House Armed Services Committees that the Secretary has approved and will implement all closures and realignments recommended by the Commission; and (2) the Commission has recommended such closures or realignments and has reported such recommendations to the Committees. Prohibits the Secretary from carrying out any such closure or realignment if a joint resolution is enacted disapproving the recommendations of the Commission within a specified time.

Directs the Secretary, in closing or realigning a military installation under this Act, to carry out any actions necessary to implement such closure or realignment. Waives, for purposes of this Act, any provision of law restricting the use of funds for closing or realigning military installations included in any appropriation or authorization Act.

Establishes in the Treasury the Department of Defense Overseas Base Closure Account. Provides that, when a decision is made to use funds in the Account to carry out a construction project and the cost of such project will exceed the maximum amount authorized by law for a minor construction project, the Secretary shall notify the appropriate congressional committees of the nature of, and justification for, such project and the amount of expenditures for the project.

Directs the Secretary, as part of each annual budget request for the Department of Defense, to transmit to the appropriate committees of the Congress: (1) a schedule of the closures and realignments to be carried out under this Act and the cost savings to be achieved; and (2) a description of the military installations to which functions are to be transferred as a result of such closures and realignments. Directs the Secretary to report to the appropriate congressional committees the amount and nature of deposits into, and expenditures from, the Account during the prior fiscal year.

Outlines the legislative process for the consideration of Commission recommendations by way of a joint resolution in the Congress.

 
HR 2139 IH
101st CONGRESS
1st Session
 H. R. 2139
To provide for the closure and realignment of United States military
installations outside the United States.
IN THE HOUSE OF REPRESENTATIVES
April 27, 1989
Mr. DONNELLY (for himself, Mrs. SCHROEDER, Mr. HERTEL, Mr. FORD of
Michigan, Mr. MONTGOMERY, Mr. FAZIO, Mr. LEWIS of California, Mr. PENNY,
Mr. SHARP, Mr. NEAL of Massachusetts, Mr. ATKINS, Mr. PORTER, Mr. JOHNSON
of South Dakota, Mr. WOLPE, Mr. LEWIS of Georgia, Mrs. MARTIN of Illinois,
Mr. COSTELLO, Mr. WALGREN, Mr. DURBIN, Mr. DORGAN of North Dakota, Mr. BILBRAY,
Mr. FAUNTROY, Mr. WHITTAKER, Mr. GORDON, Mr. KOSTMAYER, Mr. BUSTAMANTE,
Mr. GREEN, Mr. JOHNSTON of Florida, Mr. HUGHES, Mr. BRYANT, and Mr. ECKHART)
introduced the following bill; which was referred jointly to the Committees
on Armed Services and Rules
A BILL
To provide for the closure and realignment of United States military
installations outside the United States.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Overseas Base Closure and Realignment Act
  of 1989'.
SEC. 2. CLOSURE AND REALIGNMENT.
  The Secretary shall--
  (1) close all military installations located outside the United States and
  recommended for closure by the Commission on Realignment and Closure of
  Bases Outside the United States in the report transmitted to the Secretary
  pursuant to section 4(c)(1);
  (2) realign all military installations located outside the United States
  and recommended for realignment by such Commission in such report; and
  (3) initiate each such closure and realignment no later than the earliest
  date on which the United States may, pursuant to treaty or other agreement
  with the foreign country concerned, close or realign the military
  installation concerned.
SEC. 3. CONDITIONS.
  (a) IN GENERAL- The Secretary may not carry out any closure or realignment
  of a military installation under this Act unless--
  (1) no later than March 15, 1990, the Secretary transmits to the Committees
  on Armed Services of the Senate and the House of Representatives a report
  containing a statement that the Secretary has approved, and the Department
  of Defense will implement, all closures and realignments recommended by
  the Commission in the report referred to in section 2(1); and
  (2) the Commission has recommended, in such report, the closure or
  realignment, as the case may be, of the installation, and has transmitted
  to the Committees on Armed Services of the Senate and the House of
  Representatives a copy of such report and the statement required by
  section 4(c)(2)(B).
  (b) JOINT RESOLUTION- The Secretary may not carry out any closure or
  realignment under this Act if, within the 45-day period beginning on April 1,
  1990, a joint resolution is enacted, in accordance with the provisions of
  section 9, disapproving the recommendations of the Commission. The days on
  which either House of Congress is not in session because of an adjournment
  of more than 3 days to a day certain shall be excluded in the computation
  of such 45-day period.
SEC. 4. THE COMMISSION.
  (a) ESTABLISHMENT; APPOINTMENT OF MEMBERS- (1) The Commission on Realignment
  and Closure of Bases Outside the United States is hereby established.
  (2) The Commission shall be composed of 12 members appointed within 30
  days after the date of the enactment of this Act as follows:
  (A) Two members appointed by the President in consultation with the Secretary
  of Defense from among persons who are either private citizens or employees
  of the executive branch.
  (B) Three members appointed by the Speaker of the House of Representatives
  in consultation with the ranking members of the Armed Services Committee
  of the House of Representatives from among persons who are either private
  citizens or Members of the House of Representatives.
  (C) Two members appointed by the minority leader of the House of
  Representatives in consultation with the ranking members of the Armed
  Services Committee of the House of Representatives from among persons who
  are either private citizens or Members of the House of Representatives.
  (D) Three members appointed by the majority leader of the Senate in
  consultation with the ranking members of the Senate Armed Services Committee
  of the Senate from among persons who are either private citizens or Members
  of the Senate.
  (E) Two members appointed by the minority leader of the Senate in
  consultation with the ranking members of the Armed Services Committee of
  the Senate from among persons who are either private citizens or Members
  of the Senate.
Appointments under this section may be made without regard to section 5311(b)
of title 5, United States Code.
  (b) VACANCIES; TERMS; AND PAY- (1) A vacancy on the Commission shall be
  filled in the manner in which the original appointment was made.
  (2) Members shall be appointed for the life of the Commission.
  (3)(A) Except as provided in subparagraph (B), members of the Commission
  shall serve without pay.
  (B) Members of the Commission who are not officers or employees of the
  Federal Government shall be paid travel and transportation expenses in the
  same manner as an employee serving intermittently in the Government service
  under section 5703 of title 5, United States Code, while away from their home
  or regular place of business in performance of duties for the Commission.
  (c) DUTIES- The Commission shall--
  (1) make recommendations with respect to the realignment and closure of
  United States military installations outside the United States and shall
  transmit a report containing such recommendations to the Secretary no
  later than March 1, 1990, including a description of the Commission's
  recommendations of the military installations to which functions will be
  transferred as a result of the closures and realignments recommended by
  the Commission; and
  (2) on the same date on which the Commission transmits such report to the
  Secretary, transmit to Committees on Armed Services of the Senate and the
  House of Representatives--
  (A) a copy of such report; and
  (B) a statement certifying that the Commission has identified the
  military installations to be closed or realigned by reviewing all military
  installations outside the United States, including all military installations
  under construction and all those planned for construction.
  (d) MEETINGS- (1) The Commission shall meet at the call of the Chairman
  or a majority of its members.
  (2) The President shall designate a Chairman from among the members of
  the Commission.
  (3) Seven members of the Commission shall constitute a quorum but a lesser
  number may hold hearings.
  (4) Decisions of the Commission shall be according to the vote of a majority
  of its members present at a properly called meeting.
  (e) STAFF- (1) The Chairman shall, without regard to section 5311(b) of
  title 5, United States Code, appoint a person to serve as Staff Director
  of the Commission.
  (2) With the approval of the Commission and without regard to section
  5311(b) of title 5, United States Code, the Chairman may appoint and fix
  the pay of such personnel as the Chairman considers appropriate.
  (3) Upon request of the Commission, the head of any Federal agency is
  authorized to detail, on a reimbursable basis, any of the personnel of
  such agency to the Commission to assist the Commission in carrying out
  its duties under this Act.
  (4) With the approval of the Commission, the Chairman may procure temporary
  services of experts and consultants to assist the Commission in carrying
  out its duties under this Act.
  (5) Not more than one-half of the professional staff of the Commission
  shall be individuals who have been employed by the Department of Defense
  during 1989 in any capacity other than as an employee of the Commission.
  (f) TERMINATION- The Commission shall terminate at the end of the 45-day
  period referred to in section 3(b).
SEC. 5. IMPLEMENTATION.
  (a) IN GENERAL- In closing or realigning a military installation under this
  Act, the Secretary, subject to the availability of funds authorized for and
  appropriated to the Department of Defense for use in planning and design,
  minor construction, or operation and maintenance and the availability
  of funds in the Account, may carry out actions necessary to implement
  such closure or realignment, including the acquisition of such land,
  the construction of such replacement facilities, the performance of such
  activities, and the conduct of such advance planning and design as may be
  required to transfer functions from such military installation to another
  military installation.
  (b) PROCEEDS- All proceeds from the transfer or disposal of any property
  or facility made as a result of a closure or realignment under this Act
  shall be deposited into the Account established by section 7(a).
SEC. 6. WAIVER.
  The Secretary may carry out this Act without regard to any provision
  of law restricting the use of funds for closing or realigning military
  installations included in any appropriation or authorization Act.
SEC. 7. FUNDING.
  (a) ACCOUNT- There is hereby established on the books of the Treasury an
  account to be known as the `Department of Defense Overseas Base Closure
  Account' which shall be administered by the Secretary as a single account.
  (b) DEPOSITS- There shall be deposited into the Account--
  (1) funds authorized for and appropriated to the Account with respect to
  fiscal year 1991 and fiscal years beginning thereafter;
  (2) any funds that the Secretary may, subject to approval in an appropriation
  Act, transfer to the Account from funds appropriated to the Department
  of Defense for any purpose, except that such funds may be transferred
  only after the date on which the Secretary transmits written notice of,
  and justification for, such transfer to the appropriate committees of
  Congress; and
  (3) proceeds described in section 5(b).
  (c) USE OF FUNDS- (1) The Secretary may use the funds in the Account only
  for the purposes described in section 5(a).
  (2) When a decision is made to use funds in the Account to carry out a
  construction project under section 5(a) and the cost of the project will
  exceed the maximum amount authorized by law for a minor construction project,
  the Secretary shall notify in writing the appropriate committees of Congress
  of the nature of, and justification for, the project and the amount of
  expenditures for such project. Any such construction project may be carried
  out without regard to section 2802(a) of title 10, United States Code.
SEC. 8. REPORTS.
  (a) SCHEDULE OF CLOSURES- As part of each annual budget request for the
  Department of Defense, the Secretary shall transmit to the appropriate
  committees of Congress--
  (1) a schedule of the closure and realignment 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 realignment and of the time period in which these
  savings are to be achieved in each case; and
  (2) a description of the military installations, including those under
  construction and those planned for construction, to which functions are
  to be transferred as a result of such closures and realignments.
  (b) EXPENDITURES- (1) No later than 60 days after the end of each fiscal
  year in which the Secretary carries out activities under this Act, the
  Secretary shall transmit a report to the appropriate committees of Congress
  of the amount and nature of the deposits into, and the expenditures from,
  the Account during such fiscal year and of the amount and nature of other
  expenditures made pursuant to section 5(a) during such fiscal year.
  (2) Unobligated funds which remain in the Account after the Secretary has
  carried out this Act shall be held in the Account until transferred by law
  after the appropriate committees of Congress receive the report transmitted
  under paragraph (3).
  (3) No later than 60 days after the Secretary has carried out this Act,
  the Secretary shall transmit to the appropriate committees of Congress a
  report containing an accounting of--
  (A) all the funds deposited into and expended from the Account or otherwise
  expended under this Act; and
  (B) any amount remaining in the Account.
SEC. 9. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.
  (a) TERMS OF THE RESOLUTION- For purposes of section 3(b), the term `joint
  resolution' means only a joint resolution which is introduced before April
  15, 1990, and--
  (1) which does not have a preamble;
  (2) the matter after the resolving clause of which is as follows: `That
  Congress disapproves the recommendations of the Commission on Realignment
  and Closure of Bases Outside the United States established by the Secretary
  of Defense as submitted to the Secretary of Defense on             ',
  the blank space being appropriately filled in; and
  (3) the title of which is as follows: `Joint resolution disapproving the
  recommendations of the Commission on Realignment and Closure of Bases
  Outside the United States.'.
  (b) REFERRAL- A resolution described in subsection (a), introduced
  in the House of Representatives shall be referred to the Committee on
  Armed Services of the House of Representatives. A resolution described in
  subsection (a) introduced in the Senate shall be referred to the Committee
  on Armed Services of the Senate.
  (c) DISCHARGE- If the committee to which a resolution described in
  subsection (a) is referred has not reported such resolution (or an identical
  resolution) before April 15, 1990, such committee shall be, as of April 15,
  1990, discharged from further consideration of such resolution, and such
  resolution shall be placed on the appropriate calendar of the House involved.
  (d) CONSIDERATION- (1) On or after the third day after the date on which
  the committee to which such a resolution is referred has reported, or has
  been discharged (under subsection (c)) from further consideration of, such a
  resolution, it is in order (even though a previous motion to the same effect
  has been disagreed to) for any Member of the respective House to move to
  proceed to the consideration of the resolution (but only on the day after
  the calendar day on which such Member announces to the House concerned the
  Member's intention to do so). All points of order against the resolution
  (and against consideration of the resolution) are waived. The motion is
  highly privileged in the House of Representatives and is privileged in
  the Senate and is not debatable. The motion is not subject to amendment,
  or to a motion to postpone, or to a motion to proceed to the consideration
  of other business. A motion to reconsider the vote by which the motion is
  agreed to or disagreed to shall not be in order. If a motion to proceed
  to the consideration of the resolution is agreed to, the respective House
  shall immediately proceed to consideration of the joint resolution without
  intervening motion, order, or other business, and the resolution shall
  remain the unfinished business of the respective House until disposed of.
  (2) Debate on the resolution, and on all debatable motions and appeals
  in connection therewith, shall be limited to not more than 10 hours,
  which shall be divided equally between those favoring and those opposing
  the resolution. An amendment to the resolution is not in order. A motion
  further to limit debate is in order and not debatable. A motion to postpone,
  or a motion to proceed to the consideration of other business, or a motion
  to recommit the resolution is not in order. A motion to reconsider the
  vote by which the resolution is agreed to or disagreed to is not in order.
  (3) Immediately following the conclusion of the debate on a resolution
  described in subsection (a) and a single quorum call at the conclusion of
  the debate if requested in accordance with the rules of the appropriate
  House, the vote on final passage of the resolution shall occur.
  (4) Appeals from the decisions of the Chair relating to the application
  of the rules of the Senate or the House of Representatives, as the case
  may be, to the procedure relating to a resolution described in subsection
  (a) shall be decided without debate.
  (e) CONSIDERATION BY OTHER HOUSE- (1) If, before the passage by one House
  of a resolution of that House described in subsection (a), that House
  receives from the other House a resolution described in subsection (a),
  then the following procedures shall apply:
  (A) The resolution of the other House shall not be referred to a committee
  and may not be considered in the House receiving it except in the case of
  final passage as provided in subparagraph (B)(ii).
  (B) With respect to a resolution described in subsection (a) of the House
  receiving the resolution--
  (i) the procedure in that House shall be the same as if no resolution had
  been received from the other House; but
  (ii) the vote on final passage shall be on the resolution of the other House.
  (2) Upon disposition of the resolution received from the other House, it
  shall no longer be in order to consider the resolution that originated in
  the receiving House.
  (f) RULES OF THE SENATE AND HOUSE- This section is enacted by Congress--
  (1) as an exercise of the rulemaking power of the Senate and House of
  Representatives, respectively, and as such it is deemed a part of the
  rules of each House, respectively, but applicable only with respect to
  the procedure to be followed in that House in the case of a resolution
  described in subsection (a), and it supersedes other rules only to the
  extent that it is inconsistent with such rules; and
  (2) with full recognition of the constitutional right of either House
  to change the rules (so far as relating to the procedure of that House)
  at any time, in the same manner, and to the same extent as in the case of
  any other rule of that House.
SEC. 10. DEFINITIONS.
  In this Act:
  (1) The term `Account' means the Department of Defense Overseas Base
  Closure Account established by section 7(a).
  (2) The term `appropriate committees of Congress' means the Committees on
  Armed Services and the Committees on Appropriations of the Senate and the
  House of Representatives.
  (3) The terms `Commission on Realignment and Closure of Bases Outside
  the United States' and `Commission' means the Commission established by
  section 4(a)(1);
  (4) The term `military installation' means a base, camp, post, station,
  yard, center, homeport facility for any ship, or other activity under the
  jurisdiction of the Secretary of a military department.
  (5) The term `realignment' includes any action which both reduces and
  relocates functions and civilian personnel positions.
  (6) The term `Secretary' means the Secretary of Defense.
  (7) The term `United States' means the 50 States, the District of Columbia,
  the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa,
  and any other commonwealth, territory, or possession of the United States.