[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 397 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 397
To amend the Defense Base Closure and Realignment Act of 1990 to
authorize additional rounds of base closures and realignments under
that Act in 2003 and 2005, to modify certain authorities relating to
closures and realignments under that Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2001
Mr. McCain (for himself, Mr. Levin, Mr. Hagel, Mr. Lieberman, Mr. Kyl,
Mr. Reed, Mr. Voinovich, Mr. Feingold, Mr. Jeffords, Mr. DeWine, and
Mr. Kohl) introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend the Defense Base Closure and Realignment Act of 1990 to
authorize additional rounds of base closures and realignments under
that Act in 2003 and 2005, to modify certain authorities relating to
closures and realignments under that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AUTHORITY TO CARRY OUT BASE CLOSURE ROUNDS IN 2003 AND 2005.
(a) Commission Matters.--
(1) Appointment.--Subsection (c)(1) of section 2902 of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended--
(A) in subparagraph (B)--
(i) by striking ``and'' at the end of
clause (ii);
(ii) by striking the period at the end of
clause (iii) and inserting a semicolon; and
(iii) by adding at the end the following
new clauses (iv) and (v):
``(iv) by no later than January 24, 2003, in the case of
members of the Commission whose terms will expire at the end of
the first session of the 108th Congress; and
``(v) by no later than March 15, 2005, in the case of
members of the Commission whose terms will expire at the end of
the first session of the 109th Congress.''; and
(B) in subparagraph (C), by striking ``or for 1995
in clause (iii) of such subparagraph'' and inserting
``, for 1995 in clause (iii) of that subparagraph, for
2003 in clause (iv) of that subparagraph, or for 2005
in clause (v) of that subparagraph''.
(2) Meetings.--Subsection (e) of that section is amended by
striking ``and 1995'' and inserting ``1995, 2003, and 2005''.
(3) Staff.--Subsection (i)(6) of that section is amended in
the matter preceding subparagraph (A) by striking ``and 1994''
and inserting ``, 1994, and 2004''.
(4) Funding.--Subsection (k) of that section is amended by
adding at the end the following new paragraph (4):
``(4) If no funds are appropriated to the Commission by the end of
the second session of the 107th Congress for the activities of the
Commission in 2003 or 2005, the Secretary may transfer to the
Commission for purposes of its activities under this part in either of
those years such funds as the Commission may require to carry out such
activities. The Secretary may transfer funds under the preceding
sentence from any funds available to the Secretary. Funds so
transferred shall remain available to the Commission for such purposes
until expended.''.
(5) Termination.--Subsection (l) of that section is amended
by striking ``December 31, 1995'' and inserting ``December 31,
2005''.
(b) Procedures.--
(1) Force-structure plan.--Subsection (a)(1) of section
2903 of that Act is amended by striking ``and 1996,'' and
inserting ``1996, 2004, and 2006,''.
(2) Selection criteria.--Subsection (b) of such section
2903 is amended--
(A) in paragraph (1), by inserting ``and by no
later than December 31, 2001, for purposes of
activities of the Commission under this part in 2003
and 2005,'' after ``December 31, 1990,''; and
(B) in paragraph (2)(A)--
(i) in the first sentence, by inserting
``and by no later than February 15, 2002, for
purposes of activities of the Commission under
this part in 2003 and 2005,'' after ``February
15, 1991,''; and
(ii) in the second sentence, by inserting
``, or enacted on or before March 31, 2002, in
the case of criteria published and transmitted
under the preceding sentence in 2001'' after
``March 15, 1991''.
(3) Department of defense recommendations.--Subsection
(c)(1) of such section 2903 is amended by striking ``and March
1, 1995,'' and inserting ``March 1, 1995, March 14, 2003, and
May 16, 2005,''.
(4) Commission review and recommendations.--Subsection (d)
of such section 2903 is amended--
(A) in paragraph (2)(A), by inserting ``or by no
later than July 7 in the case of recommendations in
2003, or no later than September 8 in the case of
recommendations in 2005,'' after ``pursuant to
subsection (c),'';
(B) in paragraph (4), by inserting ``or after July
7 in the case of recommendations in 2003, or after
September 8 in the case of recommendations in 2005,''
after ``under this subsection,''; and
(C) in paragraph (5)(B), by inserting ``or by no
later than May 1 in the case of such recommendations in
2003, or no later than July 1 in the case of such
recommendations in 2005,'' after ``such
recommendations,''.
(5) Review by president.--Subsection (e) of such section
2903 is amended--
(A) in paragraph (1), by inserting ``or by no later
than July 22 in the case of recommendations in 2003, or
no later than September 23 in the case of
recommendations in 2005,'' after ``under subsection
(d),'';
(B) in the second sentence of paragraph (3), by
inserting ``or by no later than August 18 in the case
of 2003, or no later than October 20 in the case of
2005,'' after ``the year concerned,''; and
(C) in paragraph (5), by inserting ``or by
September 3 in the case of recommendations in 2003, or
November 7 in the case of recommendations in 2005,''
after ``under this part,''.
(c) Relationship to Other Base Closure Authority.--Section 2909(a)
of that Act is amended by striking ``December 31, 1995,'' and inserting
``December 31, 2005,''.
SEC. 2. MODIFICATION OF BASE CLOSURE AUTHORITIES UNDER 1990 BASE
CLOSURE LAW.
(a) Cost Savings and Return on Investment Under Secretary of
Defense Selection Criteria.--Subsection (b) of section 2903 of the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2867 note) is amended by adding at the
end the following:
``(3) Any selection criteria proposed by the Secretary relating to
the cost savings or return on investment from the proposed closure or
realignment of a military installation shall be based on the total cost
and savings to the Federal Government that would result from the
proposed closure or realignment of such military installation.''.
(b) Department of Defense Recommendations to Commission.--
Subsection (c) of such section 2903 is amended--
(1) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively;
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4)(A) In making recommendations to the Commission under this
subsection in any year after 2000, 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 closure or
realignment of the installation.
``(B) Notwithstanding the requirement in subparagraph (A), the
Secretary shall make the recommendations referred to in that
subparagraph based on the force-structure plan and final criteria
otherwise applicable to such recommendations under this section.
``(C) The recommendations made by the Secretary under this
subsection in any year after 2000 shall include a statement of the
result of the consideration of any notice described in subparagraph (A)
that is received with respect to an installation covered by such
recommendations. The statement shall set forth the reasons for the
result.''; and
(3) in paragraph (7), as so redesignated--
(A) in the first sentence, by striking ``paragraph
(5)(B)'' and inserting ``paragraph (6)(B)''; and
(B) in the second sentence, by striking ``24
hours'' and inserting ``48 hours''.
(c) Privatization in Place.--Section 2904(a) of that Act is
amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) carry out the privatization in place of a military
installation recommended for closure or realignment by the
Commission in each such report after 2000 only if privatization
in place is a method of closure or realignment of the
installation specified in the recommendation of the Commission
in such report and is determined to be the most-cost effective
method of implementation of the recommendation;''.
SEC. 3. TECHNICAL AND CLARIFYING AMENDMENTS.
(a) Commencement of Period for Notice of Interest in Property for
Homeless.--Section 2905(b)(7)(D)(ii)(I) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2867 note) is amended by striking ``that date'' and inserting
``the date of publication of such determination in a newspaper of
general circulation in the communities in the vicinity of the
installation under subparagraph (B)(i)(IV)''.
(b) Other Clarifying Amendments.--
(1) That Act is further amended by inserting ``or
realignment'' after ``closure'' each place it appears in the
following provisions:
(A) Section 2905(b)(3).
(B) Section 2905(b)(5).
(C) Section 2905(b)(7)(B)(iv).
(D) Section 2905(b)(7)(N).
(E) Section 2910(10)(B).
(2) That Act is further amended by inserting ``or
realigned'' after ``closed'' each place it appears in the
following provisions:
(A) Section 2905(b)(3)(C)(ii).
(B) Section 2905(b)(3)(D).
(C) Section 2905(b)(3)(E).
(D) Section 2905(b)(4)(A).
(E) Section 2905(b)(5)(A).
(F) Section 2910(9).
(G) Section 2910(10).
(3) Section 2905(e)(1)(B) of that Act is amended by
inserting ``, or realigned or to be realigned,'' after ``closed
or to be closed''.
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