[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''.
                                 <all>