[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4246 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4246

   To amend the Defense Base Closure and Realignment Act of 1990 to 
 specify the criteria to be used by the Secretary of Defense in making 
  recommendations in 2005 for the closure or realignment of military 
         installations inside the United States under such Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2004

  Mrs. Wilson of New Mexico introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To amend the Defense Base Closure and Realignment Act of 1990 to 
 specify the criteria to be used by the Secretary of Defense in making 
  recommendations in 2005 for the closure or realignment of military 
         installations inside the United States under such Act.

    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 ``2005 BRAC Selection Criteria Act''.

SEC. 2. SPECIFICATION OF 2005 BRAC FINAL SELECTION CRITERIA.

    (a) Findings.--Congress finds the following:
            (1) Title XXX of the National Defense Authorization Act for 
        Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1342) amended 
        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) to 
        authorize the Secretary of Defense to conduct a round of base 
        realignments and closures in 2005.
            (2) In section 2822 of the National Defense Authorization 
        Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1726), 
        approved November 24, 2003, Congress required the Secretary of 
        Defense to assess the probable threats to national security and 
        determine the potential, prudent, surge requirements for the 
        Armed Forces and military installations to meet those threats. 
        Such section specifically requires the Secretary of Defense to 
        use the determination of surge requirements in exercising the 
        authority of the Secretary to conduct the 2005 round of base 
        realignments and closures.
            (3) Section 2913 of the Defense Base Closure and 
        Realignment Act of 1990, as added by title XXX of the National 
        Defense Authorization Act for Fiscal Year 2002, specified the 
        process by which the Secretary of Defense was to prepare the 
        criteria to be used by the Secretary in making recommendations 
        for the 2005 round of base realignments and closures and listed 
        certain requirements the Secretary had to comply with as part 
        of the process, including the advance publication of the 
        proposed criteria and the solicitation and consideration of 
        public comments.
            (4) In subsection (e) of such section, Congress required 
        the Secretary of Defense to publish in the Federal Register and 
        transmit to Congress not later than February 16, 2004, the 
        final criteria intended to be used by the Secretary in making 
        recommendations for the 2005 round of base realignments and 
        closures. Pursuant to such subsection, the Secretary of Defense 
        published the final selection criteria in the Federal Register 
        on February 12, 2004 (69 Fed. Reg. 6948).
            (5) In addition to specifically reserving its right to 
        disapprove the final selection criteria, Congress may modify or 
        otherwise amend the criteria by Act of Congress.
    (b) Congressional Specification of Final BRAC Selection Criteria.--
Section 2913 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), as 
added by section 3002 of the National Defense Authorization Act for 
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1344), is amended to 
read as follows:

``SEC. 2913. FINAL SELECTION CRITERIA FOR 2005 ROUND.

    ``(a) Final Selection Criteria.--The final criteria to be used by 
the Secretary in making recommendations for the closure or realignment 
of military installations inside the United States under this part in 
2005 are as follows:
            ``(1) The current and future mission requirements and the 
        impact on operational readiness of the total force of the 
        Department of Defense, including the impact on joint 
        warfighting, training, readiness, and research, development, 
        test, and evaluation of weapons systems and equipment.
            ``(2) The availability and condition of land, facilities, 
        infrastructure, and associated air and water space (including 
        preservation of training areas suitable for maneuver by ground, 
        naval, or air forces throughout a diversity of climate and 
        terrain areas, the preservation of testing ranges able to 
        accommodate current or future military weapons systems and 
        equipment, and the preservation of staging areas for the use of 
        the Armed Forces in homeland defense missions) at both existing 
        and potential receiving locations.
            ``(3) The ability to accommodate contingency, mobilization, 
        and future total force requirements at both existing and 
        potential receiving locations to support operations, training, 
        maintenance, and repair.
            ``(4) Preservation of land, air, and water space, 
        facilities, and infrastructure necessary to support training 
        and operations of military forces determined to be surge 
        requirements by the Secretary of Defense, as required by 
        section 2822 of the National Defense Authorization Act for 
        Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1726).
            ``(5) The extent and timing of potential costs and savings 
        of base realignment and closure actions on the entire Federal 
        budget, as well as the Department of Defense, including the 
        number of years, beginning with the date of completion of the 
        closure or realignment, for the savings to exceed the costs. 
        Costs shall include those costs related to potential 
        environmental restoration, waste management, and environmental 
        compliance activities.
            ``(6) The economic impact on existing communities in the 
        vicinity of military installations.
            ``(7) The ability of the infrastructure of both existing 
        and potential receiving communities to support forces, 
        missions, and personnel, including quality of living standards 
        for members of the Armed Forces and their dependents.
            ``(8) The environmental impact on receiving locations.
    ``(b) Priority Given to Military Value.--In recommending military 
installations for closure or realignment, the Secretary shall give 
priority consideration to the first four criteria specified in 
subsection (a).
    ``(c) Relation to Other 2005 Round Materials.--The final selection 
criteria specified in subsection (a) shall be the only criteria to be 
used, along with the force-structure plan and infrastructure inventory 
referred to in section 2912, in making recommendations for the closure 
or realignment of military installations inside the United States under 
this part in 2005.
    ``(d) Relation to Criteria for Earlier Rounds.--Section 2903(b), 
and the selection criteria prepared under such section, shall not apply 
with respect to the process of making recommendations for the closure 
or realignment of military installations in 2005.''.
    (c) Conforming Amendments.--The Defense Base Closure and 
Realignment Act of 1990 is amended--
            (1) in section 2912(c)(1)(A), by striking ``criteria 
        prepared under section 2913'' and inserting ``criteria 
        specified in section 2913''; and
            (2) in section 2914(a), by striking ``criteria prepared by 
        the Secretary under section 2913'' and inserting ``criteria 
        specified in section 2913''.
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