1.Limitations on base closure
and realignment activities and criteria for certain decisions involving such
activities
(a)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 activitiesSection 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.
.