[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3663 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3663

   To reassert the proper role of Congress in closing or realigning 
                        military installations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 6, 2012

 Ms. Snowe (for herself and Mr. Begich) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To reassert the proper role of Congress in closing or realigning 
                        military installations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITATIONS ON BASE CLOSURE AND REALIGNMENT ACTIVITIES AND 
              CRITERIA FOR CERTAIN DECISIONS INVOLVING SUCH ACTIVITIES.

    (a) Findings.--Congress makes the following findings:
            (1) In 2012, the Department of Defense requested additional 
        rounds of defense base closure and realignment in 2013 and 
        2015.
            (2) There have been five rounds of defense base closure and 
        realignment (BRAC) in the last 25 years (1988, 1991, 1993, 
        1995, and 2005).
            (3) Congress has not approved additional rounds of base 
        closure and realignment to occur after 2005, and recognizes 
        that the 2005 round incurred substantial costs that will not be 
        offset by savings for nearly two decades.
            (4) According to the Government Accountability Office, 
        implementation of the 2005 round of defense base closure and 
        realignment cost $35,100,000,000, or approximately 
        $14,100,000,000 more than was estimated by the 2005 Base 
        Closure and Realignment Commission.
            (5) Furthermore, the Government Accountability Office has 
        determined that the 2005 round of defense base closure and 
        realignment will take 17 years before taxpayers realize net 
        savings from the round.
            (6) On March 8, 2012, defending the request for additional 
        rounds of defense base closure and realignment in testimony 
        before the Committee on Armed Services of the House of 
        Representatives, Dr. Dorothy Robyn, Deputy Undersecretary of 
        Defense for Installations and Environment, asserted that the 
        Department of Defense would close military installations using 
        non-BRAC authorities, stating that ``if Congress does not 
        authorize additional BRAC rounds the department will be forced 
        to use its existing authorities to begin to realign and close 
        bases''.
            (7) The Department of Defense may close or realign bases 
        only if a round of defense base closure and realignment is 
        carried out in compliance with sections 2687 and 993 of title 
        10, United States Code.
            (8) Section 2687 of title 10, United States Code, contains 
        ambiguous language, leading the Department of Defense to pursue 
        significant closures and realignments without congressional 
        approval or an authorization for a round of defense base 
        closure and realignment.
            (9) Sections 2687 and 993 of title 10, United States Code, 
        contain single action limits on reductions that are too easily 
        circumvented by cumulative actions.
            (10) As demonstrated by BRAC and other closure and 
        realignment actions, base closures and realignments can have 
        significant effects on Department of Defense functions, current 
        and future operational capabilities, and on host communities 
        and States.
            (11) Recommendations for closures and realignments should 
        be carried out only with the consent of Congress, which has the 
        constitutional responsibility to ``raise and support Armies,'' 
        ``provide and maintain a Navy,'' ``make Rules for the 
        Government and Regulation of the land and naval Forces,'' and 
        ``provide for organizing, arming, and disciplining, the 
        Militia, and for governing such Part of them as may be employed 
        in the Service of the United States''.
    (b) Limitations on Base Closure and Realignment Activities.--
Section 2687 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``at which at 
                least 300 civilian personnel are authorized to be 
                employed'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) any realignment with respect to any military 
        installation involving a reduction in the number of military 
        and civilian personnel authorized to be employed at such 
        military installation at the time the Secretary of Defense 
        notifies Congress under subsection (b) of the Secretary's 
        proposal to close or realign such installation by more than the 
        lesser of--
                    ``(A) 100; or
                    ``(B) 50 percent of the highest number of military 
                and civilian personnel assigned to such installation 
                during any of the previous 4 years; or''; and
                    (C) in paragraph (3)--
                            (i) by striking ``other than a military 
                        installation referred to in clause (1) or 
                        (2)'';
                            (ii) by inserting ``military or'' before 
                        ``civilian personnel''; and
                            (iii) by striking ``to which clause (1) or 
                        (2)'' and inserting ``to which paragraph (1) or 
                        (2)'';
            (2) in subsection (b)--
                    (A) by striking ``referred to in such subsection'';
                    (B) in paragraph (1)--
                            (i) by striking ``or the Secretary of the 
                        military department concerned'';
                            (ii) by redesignating subparagraphs (A) and 
                        (B) as subparagraphs (B) and (D), respectively;
                            (iii) by inserting before subparagraph (B), 
                        as redesignated by clause (ii), the following 
                        new subparagraph:
                    ``(A) a justification for the proposed action;'';
                            (iv) in subparagraph (B), as so 
                        redesignated, by striking ``; and'' and 
                        inserting a semicolon;
                            (v) by inserting after subparagraph (B), as 
                        so redesignated, the following new 
                        subparagraph:
                    ``(C) a description of the alternatives 
                considered;'';
                            (vi) in clause (ii) of subparagraph (D), as 
                        so redesignated, by striking ``; and'' and 
                        inserting a semicolon; and
                            (vii) by inserting after subparagraph (D), 
                        as so redesignated, the following new 
                        subparagraphs:
                    ``(E) an estimate of the number of military, 
                civilian, and contractor personnel affected by the 
                proposed action; and
                    ``(F) a plan to provide support for affected 
                communities; and''; and
                    (C) by amending paragraph (2) to read as follows:
            ``(2) Congress has enacted legislation expressly 
        authorizing the action.'';
            (3) in subsection (c)--
                    (A) by striking ``shall not apply to the closure'' 
                and inserting the following: ``shall not apply--
            ``(1) to the closure'';
                    (B) by striking ``or a military emergency.'' and 
                inserting ``or a military emergency; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) to the relocation from a military installation of 
        personnel or functions that are required to support the 
        deployment of members of the armed forces, provided that such 
        personnel and functions are returned to the military 
        installation after the deployment.'';
            (4) in subsection (d), by striking ``(1) After the 
        expiration'' and all that follows through ``(2) Nothing in this 
        section'' and inserting ``Nothing in this section'';
            (5) in subsection (e)--
                    (A) in paragraph (1), by inserting ``and any public 
                land under Bureau of Land Management control that is 
                withdrawn and reserved for military training and 
                testing'' after ``including any leased facility'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) The term `realignment' includes any action or 
        combination of actions within a 4-year period that reduces or 
        relocates functions and military or civilian personnel 
        positions, but does not include a reduction in force resulting 
        from a reduction in military end strength levels or a reduction 
        in total civilian personnel levels.'';
                    (C) by striking paragraph (4); and
                    (D) by adding at the end the following new 
                paragraph:
            ``(4) The term `closure' includes any action or combination 
        of actions that results in the elimination of all active 
        functions at a military installation, the elimination of all 
        military and civilian personnel positions at a military 
        installation, or the placement of a military installation into 
        non-active status.''; and
            (6) by adding at the end the following new subsections:
    ``(g) For purposes of this section, the component bases of a joint 
base shall be considered as independent military installations, and not 
collectively as a single military installation.
    ``(h) For purposes of this section, any leased space in which more 
than 300 combined military and civilian personnel are housed shall be 
considered to be an independent military installation, and shall not be 
considered part of a larger military installation. Functions and 
personnel located at a leased space may be transferred to another 
leased space located within 50 miles or to the nearest military 
installation located within 50 miles notwithstanding any limitations in 
this section.''.
                                 <all>