Requires the Secretary to amend the criteria to be used in making recommendations to develop a list of those installations to be excluded from the closure and realignment process.
Expresses the sense of Congress that the Secretary and the Commission should consider military force jointness when performing their base closure and realignment duties.
Requires the Secretary, before preparing a list of recommended closures or realignments, to submit a list of core military installations considered absolutely essential to the national defense that should not be considered for closure which shall contain not more than 50 percent of the military installations inside the United States. Requires the Commission to consider such list, to determine whether there exists a military necessity for further base closures, and to submit its recommendations to the President for approval.
Requires the Secretary to publish and transmit to the congressional defense committees and the Commission a final list of installations recommended for closure or realignment. Provides for presidential approval or disapproval, and eventual implementation, of such list. Directs the Commission to serve as an ombudsman during implementation.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1820 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1820
To amend the Defense Base Closure and Realignment Act of 1990 to
authorize an additional round of military base closures and
realignments using a two-step process that first identifies those
military bases that may not be considered for closure or realignment.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 10, 2001
Mr. Snyder introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committee on Rules,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend the Defense Base Closure and Realignment Act of 1990 to
authorize an additional round of military base closures and
realignments using a two-step process that first identifies those
military bases that may not be considered for closure or realignment.
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 ``Military Infrastructure
Transformation Act of 2001''.
SEC. 2. ADDITIONAL ROUND OF DEFENSE BASE CLOSURES AND REALIGNMENTS IN
2003.
(a) Additional Round of Closures Authorized.--The Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-501; 10 U.S.C. 2687 note) is amended by adding at the end the
following new section:
``SEC. 2912. BASE REINVESTMENT AND COMMUNITY ENTERPRISE INITIATIVE FOR
2003.
``(a) Authorization of Additional Base Closure Round.--(1) During
the period between January 15, 2003, and January 31, 2003, the
President may elect to commence an additional round of base closures
and realignments by transmitting to the Senate nominations for the
appointment of new members to the Defense Base Closure and Realignment
Commission. If the President does not transmit to Congress the
nominations during that period, the process by which military
installations may be selected for closure or realignment under this
section shall be terminated.
``(2) As part of the submission of the nominations under paragraph
(1), the Secretary of Defense may submit to Congress a report
explaining the military necessity for further base closures and
realignments.
``(3) Notwithstanding section 2902(d), the term of the Commission
required for the round of base closures and realignment authorized by
this section shall continue until the disposal of property at all
military installations approved for closure under this section is
completed. Notwithstanding section 2902(i), the Commission may only
maintain 15 staff members after December 31, 2003.
``(b) Selection Criteria.--(1) The Secretary shall amend the
criteria to be used in making recommendations for the closure or
realignment of military installations inside the United States to
reflect the requirement to develop a list of those military
installations to be excluded from the base closure and realignment
process, as provided in subsection (c). The Secretary shall comply with
section 2903(b)(2)(B) in amending the criteria, except that the
Secretary shall publish the proposed amendments in the Federal Register
and transmit them to the congressional defense committees not later
than December 1, 2002, and publish the final criteria in the Federal
Register and transmit to such committees not later than January 15,
2003. The Secretary shall comply with section 2903(a) in preparing the
budget justification documents submitted to Congress in support of the
budget for the Department of Defense for fiscal year 2004.
``(2) It is the sense of Congress that the national security needs
of the United States in the future will be best met by a military force
that operates on the principle of jointness, and, therefore, the
Secretary and the Commission should consider jointness when performing
their duties in the additional round of base closures and realignments
authorized by this section.
``(c) List of Installations Excluded From Consideration for Closure
or Realignment.--(1) Before preparing the list of military
installations inside the United States that the Secretary recommends
for closure or realignment, the Secretary shall prepare a list of core
military installations that the Secretary considers absolutely
essential to the national defense and that should not be considered for
closure.
``(2) Not later than February 15, 2003, the Secretary shall submit
to the congressional defense committees, publish in the Federal
Register, and send to the Commission the list required by paragraph
(1). The list shall contain not more than 50 percent of the military
installations inside the United States.
``(3) The Commission shall consider the list based on the amended
criteria developed under subsection (b). The Commission may modify this
list, in the manner provided in section 2903(d), if the Commission
finds that the inclusion of a military installation on the list
substantially violates the criteria. Except as provided in subsection
(d), the Commission shall forward to the President, not later than
April 15, 2003, a report containing its recommendations regarding the
list, which must comply with the percentages specified in paragraph
(2). The Comptroller General shall also comply with section 2904(d)(5)
by that date.
``(4) If the Commission submits a report to the President under
paragraph (3), the President shall notify Congress, not later than
April 30, 2003, regarding whether the President approves or disapproves
the report. If the President disapproves the report, the Commission
shall have until May 15, 2003, to submit a modified report, after which
the President shall have until May 22, 2003, to transmit the modified
report to Congress. If the President fails to do so or does not approve
the modified list, the Commission shall be dissolved, and the process
by which military installations may be selected for closure or
realignment under this section shall be terminated.
``(5) A military installation included on the exclusion list
approved under this subsection may not be included on the closure and
realignment list prepared under subsection (e) or otherwise considered
for closure or realignment as part of the base closure process under
this section.
``(d) Commission Review of Need for Further Closures.--As part of
its activities under subsection (c), the Commission shall determine
whether there exists a military necessity for further base closures. In
making this determination, the Commission may take such testimony and
consider such submitted documentation and statements as the Commission
considers appropriate. If the Commission determines that further
closures are not militarily necessary, and transmits this determination
to the President, the Commission shall be dissolved, and the process by
which military installations may be selected for closure or realignment
under this section shall be terminated.
``(e) Preparation and Consideration of Closure and Realignment
List.--(1) Not later than 15 days after that date on which the
President approves the list prepared under subsection (c), the
Secretary shall publish in the Federal Register, transmit to the
congressional defense committees, and send to the Commission, a list of
military installations recommended for closure or realignment. The
Commission shall consider this list in the manner provided in section
2903(d), except that the Commission's report shall be transmitted to
the President not later than October 15, 2003.
``(2) Not later than October 30, 2003, the President shall notify
Congress regarding whether the President approves or disapproves the
report. If the President disapproves the closure list, the Commission
shall have until November 15, 2003, to submit a revised list. If the
President does not approve the revised list by November 30, 2003, or
does not transmit approval or disapproval of the revised list to
Congress by that date, the Commission shall be dissolved, and the
process by which military installations may be selected for closure or
realignment under this section shall be terminated. If the President
approves the original or revised list, the President shall transmit to
Congress a copy of the Commission's report, together with the
certification of such approval.
``(f) Congressional Disapproval.--Section 2904(b)(1) shall apply to
the base closure process required by this section, except that the date
otherwise determined under subparagraph (A) of such section is deemed
to be December 31, 2003.
``(g) Implementation.--Within three years after the date of the
enactment of this section, the Secretary shall initiate the closure or
realignment, as the case may be, of all military installations
recommended for closure or realignment by the Commission in the report
transmitted to the Congress by the President pursuant to subsection
(e), unless Congress disapproves of the report as provided in
subsection (f).
``(h) Commission's Role During Closure.--(1) During the Secretary's
implementation of base closures and realignments approved under this
section, the Commission shall serve as an Ombudsman, to which any
affected community (containing or bordering a military installation to
be closed) or redevelopment authority may appeal regarding problems or
disputes with the Secretary in the process of closure or realignment.
Appeals may be submitted to the Commission regarding any dispute
between the affected parties (the Secretary, redevelopment authorities,
and local communities) after approval of the closure list.
``(2) The Commission is authorized, but not required, to issue a
decision on an appeal submitted under paragraph (1). Any such decision
shall be made by majority vote. The decision shall be binding on the
Secretary unless the Secretary overrules the decision of the
Commission. If the Secretary overrules a decision, the Secretary shall
provide written notice, including the reasons why the Secretary is
overruling the decision, to the Chairman of the Commission, the
affected community or redevelopment authority, and the Chairmen and
ranking minority members of the Committees on Armed Services of the
Senate and House of Representatives.
``(3) The Commission may not take a military installation off the
closure list, change a closure to a realignment (or vice versa), or
make any other substantive changes to the list, but the Commission
shall have jurisdiction over solely procedural matters.''.
(b) Adjustment and Diversification Assistance.--Section 2391(b)(1)
of title 10, United States Code, is amended by inserting after ``the
affected community'' the following: ``or the community contains an
economically distressed area''.
(c) Report on Expediting Base Closure Property Transfers.--Not
later than December 31, 2003, the Secretary of Defense shall submit to
Congress a report evaluating the feasibility of permitting local
communities and redevelopment authorities to take possession of
individual structures on military installations approved for closure,
when such structures are no longer needed for military purposes,
without waiting for the closure of the installation.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Executive Comment Requested from DOD.
Referred to the Subcommittee on Military Installations and Facilities.
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