[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1902 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1902

 To limit cost growth associated with major defense base closures and 
  realignments implemented as part of the 2005 round of defense base 
                        closure and realignment.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2007

Mr. Menendez (for himself and Mr. Lautenberg) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
 To limit cost growth associated with major defense base closures and 
  realignments implemented as part of the 2005 round of defense base 
                        closure and 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 ``BRAC Cost Overruns Protection Act of 
2007'' or the ``BRAC COP Act of 2007''.

SEC. 2. LIMITATION ON COST GROWTH ASSOCIATED WITH 2005 ROUND OF DEFENSE 
              BASE CLOSURE AND REALIGNMENT.

    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 by 
adding at the end the following new section:

``SEC. 2915. LIMITATION ON COST GROWTH APPLICABLE TO MAJOR CLOSURES AND 
              REALIGNMENTS UNDER 2005 ROUND.

    ``(a) Semiannual Report on Implementation Costs.--
            ``(1) In general.--Not later than October 7, 2007, and 
        every 180 days thereafter, the Secretary of Defense shall 
        submit to the congressional defense committees a report on the 
        costs of implementing the recommendations of the Commission 
        contained in the report transmitted to Congress on September 
        15, 2005, under section 2903(e) that relate to closures and 
        realignments that have not been fully implemented.
            ``(2) Estimates required.--Each report submitted under 
        paragraph (1) shall include, for each individual recommended 
        major base closure or realignment--
                    ``(A) the baseline estimate of one-time 
                implementation costs; and
                    ``(B) the current estimate of one-time 
                implementation costs, including any increase 
                attributable to actual or anticipated costs due to 
                inflation.
    ``(b) Special Procedures Required To Address Certain Cost 
Increases.--
            ``(1) Notification requirement.--In the event that the 
        Secretary of Defense determines, based on a report prepared 
        under subsection (a), that the current estimate of one-time 
        implementation costs for an individual major base closure or 
        realignment is at least 25 percent greater than the baseline 
        estimate of one-time implementation costs for such closure or 
        realignment (in this section referred to as a `substantially 
        over budget major base closure or realignment'), the Secretary 
        shall promptly provide notification of such determination, 
        including the amount of the expected increase and the date the 
        determination was made, to the chairman and ranking member of 
        each of the congressional defense committees.
            ``(2) Business plan to control costs.--The Secretary of 
        Defense shall develop a business plan to reduce the costs of 
        any individual substantially over budget major base closure or 
        realignment to a level less than 25 percent greater than the 
        baseline estimate for such closure or realignment.
    ``(c) Implementation of Substantially Over Budget Major Base 
Closures and Realignments.--
            ``(1) Recommendations.--Not later than 45 days after an 
        individual base closure or realignment is identified in a 
        report required under subsection (a) as a substantially over 
        budget major base closure or realignment, the Secretary of 
        Defense shall submit to the President a recommendation 
        regarding whether to continue implementation of such closure or 
        realignment.
            ``(2) Justification required.--In the event the Secretary 
        recommends that an individual substantially over budget major 
        base closure or realignment should continue to be implemented 
        despite the excessive cost overruns, the Secretary shall 
        include the justification for continuing such closure or 
        realignment.
            ``(3) Report to congress.--Not later than 30 days after 
        receiving a recommendation regarding whether to continue 
        implementation of an individual substantially over budget major 
        base closure or realignment under paragraph (1), the President 
        shall submit to Congress a report including the recommendation 
        of the President regarding the implementation of such closure 
        or realignment.
            ``(4) Congressional disapproval.--
                    ``(A) In general.--The Secretary of Defense may not 
                continue or discontinue the implementation of an 
                individual substantially over budget major base closure 
                or realignment recommended by the President under 
                paragraph (3) if a joint resolution is enacted, in 
                accordance with the provisions of subsection (d), 
                disapproving such recommendation of the President 
                before the earlier of--
                            ``(i) the end of the 45-day period 
                        beginning on the date on which the President 
                        submits to Congress a report under paragraph 
                        (3) that includes a recommendation regarding 
                        the implementation of an individual 
                        substantially over budget major base closure or 
                        realignment; or
                            ``(ii) the adjournment of Congress sine die 
                        for the session during which such report is 
                        submitted.
                    ``(B) Computation of period.--For purposes of 
                subparagraph (A) of this paragraph and paragraphs (1) 
                and (2) of subsection (d), the days on which either 
                House of Congress is not in session because of an 
                adjournment of more than three days to a day certain 
                shall be excluded in the computation of a period.
    ``(d) Congressional Consideration of Recommendation Regarding 
Implementation of Substantially Over Budget Major Base Closures or 
Realignment.--
            ``(1) Terms of the resolution.--For purposes of subsection 
        (c)(4), the term `joint resolution' means only a joint 
        resolution which is introduced within the 10-day period 
        beginning on the date on which the President submits to 
        Congress a report under subsection (c)(3) that includes a 
        recommendation regarding the implementation of a substantially 
        over budget major base closure or realignment, and--
                    ``(A) which does not have a preamble;
                    ``(B) the matter after the resolving clause of 
                which is as follows: `That Congress disapproves the 
                recommendation of the President on ______ with respect 
                to ______', the blank spaces being filled in with the 
                appropriate date and the name of a military 
                installation or other information that identifies the 
                individual closure or realignment, respectively; and
                    ``(C) the title of which is as follows: `Joint 
                resolution disapproving the recommendation of the 
                President regarding implementation of a substantially 
                over budget major base closure or realignment.'.
            ``(2) Referral.--A resolution described in paragraph (1) 
        that is introduced in the House of Representatives shall be 
        referred to the Committee on Armed Services of the House of 
        Representatives. A resolution described in paragraph (1) 
        introduced in the Senate shall be referred to the Committee on 
        Armed Services of the Senate.
            ``(3) Discharge.--If the committee to which a resolution 
        described in paragraph (1) is referred has not reported such 
        resolution (or an identical resolution) by the end of the 20-
        day period beginning on the date on which the President submits 
        to Congress a report under subsection (c)(3) that includes a 
        recommendation regarding the implementation of a substantially 
        over budget major base closure or realignment, such committee 
        shall be, at the end of such period, discharged from further 
        consideration of such resolution, and such resolution shall be 
        placed on the appropriate calendar of the House involved.
            ``(4) Consideration.--
                    ``(A) In general.--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 paragraph (3)) 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. A Member may make the motion only on the 
                day after the calendar day on which the Member 
                announces to the House concerned the Member's intention 
                to make the motion, except that, in the case of the 
                House of Representatives, the motion may be made 
                without such prior announcement if the motion is made 
                by direction of the committee to which the resolution 
                was referred. 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.
                    ``(B) Debate.--Debate on the resolution, and on all 
                debatable motions and appeals in connection therewith, 
                shall be limited to not more than 2 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.
                    ``(C) Vote on final passage.--Immediately following 
                the conclusion of the debate on a resolution described 
                in paragraph (1) 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.
                    ``(D) Appeals.--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 paragraph (1) shall be decided without debate.
            ``(5) Consideration by other house.--
                    ``(A) Procedures.--If, before the passage by one 
                House of a resolution of that House described in 
                paragraph (1), that House receives from the other House 
                a resolution described in paragraph (1), then the 
                following procedures shall apply:
                            ``(i) 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 clause (ii)(II).
                            ``(ii) With respect to a resolution 
                        described in paragraph (1) 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.
                    ``(B) Disposition.--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.
            ``(6) Rules of the senate and house.--This section is 
        enacted by Congress--
                    ``(A) 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 paragraph (1), and it 
                supersedes other rules only to the extent that it is 
                inconsistent with such rules; and
                    ``(B) 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.
    ``(e) Definitions.--In this Act:
            ``(1) Major base closure or realignment.--The term `major 
        base closure and realignment' means any base closure or 
        realignment that requires $150,000,000 or more in military 
        construction costs and an overall, one-time implementation cost 
        of $300,000,000 or more.
            ``(2) Baseline estimate of one-time implementation costs.--
        The term `baseline estimate of one-time implementation costs' 
        means the applicable cost set forth in the Cost of Base 
        Realignment Actions (COBRA) report used and released by the 
        Secretary of Defense at the time the Secretary published in the 
        Federal Register and transmitted to the congressional defense 
        committees and the Commission the initial list of 
        recommendations for closure or realignment of military 
        installations under section 2914(a).''.
                                 <all>