I 

109TH CONGRESS 

1ST SESSION H. R. 2857 

To require the immediate release, in unclassified form, of all documentation 

and other information used by the Secretary of Defense to prepare 

the recommendations submitted to Congress on May 13, 2005, regarding 

the closure and realignment of military installations in the United States. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2005 

Mr. ORTIZ introduced the following bill; which was referred to the Committee 

on Armed Services 

A BILL 

To require the immediate release, in unclassified form, of 

all documentation and other information used by the 

Secretary of Defense to prepare the recommendations 

submitted to Congress on May 13, 2005, regarding the 

closure and realignment of military installations in the 

United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

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1 SECTION 1. SUSPENSION OF 2005 BASE CLOSURE AND RE2 ALIGNMENT PROCESS PENDING RELEASE OF 

3 ALL DOCUMENTATION AND OTHER INFORMA4 TION USED TO PREPARE INITIAL BASE CLO5 SURE AND REALIGNMENT RECOMMENDA6 TIONS. 

7 (a) RELEASE REQUIRED.—Not later than the end of 

8 the 10-day period beginning on the date of the enactment 

9 of this Act, the Secretary of Defense shall certify to Con10 gress that the Secretary has— 

11 (1) complied with section 2903(c)(4) of the De12 fense Base Closure and Realignment Act of 1990 

13 (title XXIX of Public Law 101–510; 10 U.S.C. 2687 

14 note), as applicable to the 2005 base closure and re15 alignment process by section 2914(b)(1) of such Act; 

16 and 

17 (2) released, in unclassified form, all docu18 mentation and other information used by the Sec19 retary of Defense to prepare the recommendations 

20 submitted by the Secretary of Defense to Congress 

21 on May 13, 2005, regarding the closure and realign22 ment of military installations in the United States. 

23 (b) EFFECT OF FAILURE TO TIMELY RELEASE.—If 

24 the Secretary of Defense fails to provide the certification 

25 required by subsection (a) before the end of the period 

26 specified in such subsection, or the certification specifies 
3 

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1 a date later than July 1, 2005, as the date by which the 

2 Secretary fully complied with paragraphs (1) and (2) of 

3 such subsection, the 2005 base closure and realignment 

4 process described in subsections (d) and (e) of section 

5 2914 of the Defense Base Closure and Realignment Act 

6 of 1990 shall— 

7 (1) be suspended, regardless of the point at 

8 which the Defense Base Closure and Realignment 

9 Commission and the President are in the process; 

10 and 

11 (2) have no further force and effect, unless re12 sumed as provided in subsection (c). 

13 (c) RESUMPTION OF PROCESS.—If the Secretary of 

14 Defense certifies to Congress after the end of the period 

15 specified in subsection (a) that the Secretary has complied 

16 with the requirements of paragraphs (1) and (2) of such 

17 subsection, or if the certification is submitted under such 

18 subsection during that period but specifies a date for com19 pliance of later than July 1, 2005, the 2005 base closure 

20 and realignment process described in subsections (d) and 

21 (e) of section 2914 of the Defense Base Closure and Re22 alignment Act of 1990 may be resumed as follows: 

23 (1) In order to provide sufficient time for the 

24 Defense Base Closure and Realignment Commission, 

25 the Congress, and affected communities to review 
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1 and consider the released documentation and other 

2 information, the date specified in paragraph (1) of 

3 subsection (d) of section 2914 of the Defense Base 

4 Closure and Realignment Act of 1990 for the sub5 mission of the Commission’s report containing its 

6 findings and conclusions, based on a review and 

7 analysis of the Secretary’s recommendations, shall 

8 be deemed to be the date that is 90 days after the 

9 date on which the Secretary provided the certifi10 cation. 

11 (2) In order to provide sufficient time for the 

12 Comptroller General to analyze the Secretary’s rec13 ommendations, in light of the released documenta14 tion and other information, the date specified in 

15 paragraph (6) of subsection (d) of section 2914 of 

16 the Defense Base Closure and Realignment Act of 

17 1990 for the submission of the Comptroller Gen18 eral’s report shall be deemed to be the date that is 

19 45 days after the date on which the Secretary pro20 vided the certification. 

21 (3) In order to provide sufficient time for the 

22 President to review and consider the report of the 

23 Defense Base Closure and Realignment Commission, 

24 each date specified in subsection (e) of section 2914 
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1 of the Defense Base Closure and Realignment Act of 

2 1990 shall be deemed to be the date that is— 

3 (A) 90 days after the date on which the 

4 Secretary provided the certification; plus 

5 (B) an additional number of days equal to 

6 the difference between the date specified in 

7 such subsection and September 8, 2005. 

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