II 

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. 

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

3 SECTION 1. LIMITATIONS ON BASE CLOSURE AND RE4 ALIGNMENT ACTIVITIES AND CRITERIA FOR 

5 CERTAIN DECISIONS INVOLVING SUCH AC6 TIVITIES. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 


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1 (1) In 2012, the Department of Defense re2 quested additional rounds of defense base closure 

3 and realignment in 2013 and 2015. 

4 (2) There have been five rounds of defense base 

5 closure and realignment (BRAC) in the last 25 

6 years (1988, 1991, 1993, 1995, and 2005). 

7 (3) Congress has not approved additional 

8 rounds of base closure and realignment to occur 

9 after 2005, and recognizes that the 2005 round in10 curred substantial costs that will not be offset by 

11 savings for nearly two decades. 

12 (4) According to the Government Accountability 

13 Office, implementation of the 2005 round of defense 

14 base closure and realignment cost $35,100,000,000, 

15 or approximately $14,100,000,000 more than was 

16 estimated by the 2005 Base Closure and Realign17 ment Commission. 

18 (5) Furthermore, the Government Account19 ability Office has determined that the 2005 round of 

20 defense base closure and realignment will take 17 

21 years before taxpayers realize net savings from the 

22 round. 

23 (6) On March 8, 2012, defending the request 

24 for additional rounds of defense base closure and re25 alignment in testimony before the Committee on 


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1 Armed Services of the House of Representatives, Dr. 

2 Dorothy Robyn, Deputy Undersecretary of Defense 

3 for Installations and Environment, asserted that the 

4 Department of Defense would close military installa5 tions using non-BRAC authorities, stating that ‘‘if 

6 Congress does not authorize additional BRAC 

7 rounds the department will be forced to use its exist8 ing authorities to begin to realign and close bases’’. 

9 (7) The Department of Defense may close or 

10 realign bases only if a round of defense base closure 

11 and realignment is carried out in compliance with 

12 sections 2687 and 993 of title 10, United States 

13 Code. 

14 (8) Section 2687 of title 10, United States 

15 Code, contains ambiguous language, leading the De16 partment of Defense to pursue significant closures 

17 and realignments without congressional approval or 

18 an authorization for a round of defense base closure 

19 and realignment. 

20 (9) Sections 2687 and 993 of title 10, United 

21 States Code, contain single action limits on reduc22 tions that are too easily circumvented by cumulative 

23 actions. 

24 (10) As demonstrated by BRAC and other clo25 sure and realignment actions, base closures and reVerDate Mar 15 2010 03:03 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.IS S3663

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1 alignments can have significant effects on Depart2 ment of Defense functions, current and future oper3 ational capabilities, and on host communities and 

4 States. 

5 (11) Recommendations for closures and realign6 ments should be carried out only with the consent of 

7 Congress, which has the constitutional responsibility 

8 to ‘‘raise and support Armies,’’ ‘‘provide and main9 tain a Navy,’’ ‘‘make Rules for the Government and 

10 Regulation of the land and naval Forces,’’ and ‘‘pro11 vide for organizing, arming, and disciplining, the Mi12 litia, and for governing such Part of them as may 

13 be employed in the Service of the United States’’. 

14 (b) LIMITATIONS ON BASE CLOSURE AND REALIGN15 MENT ACTIVITIES.—Section 2687 of title 10, United 

16 States Code, is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1), by striking ‘‘at 

19 which at least 300 civilian personnel are au20 thorized to be employed’’; 

21 (B) by amending paragraph (2) to read as 

22 follows: 

23 ‘‘(2) any realignment with respect to any mili24 tary installation involving a reduction in the number 

25 of military and civilian personnel authorized to be 


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1 employed at such military installation at the time 

2 the Secretary of Defense notifies Congress under 

3 subsection (b) of the Secretary’s proposal to close or 

4 realign such installation by more than the lesser 

5 of— 

6 ‘‘(A) 100; or 

7 ‘‘(B) 50 percent of the highest number of 

8 military and civilian personnel assigned to such 

9 installation during any of the previous 4 years; 

10 or’’; and 

11 (C) in paragraph (3)— 

12 (i) by striking ‘‘other than a military 

13 installation referred to in clause (1) or 

14 (2)’’; 

15 (ii) by inserting ‘‘military or’’ before 

16 ‘‘civilian personnel’’; and 

17 (iii) by striking ‘‘to which clause (1) 

18 or (2)’’ and inserting ‘‘to which paragraph 

19 (1) or (2)’’; 

20 (2) in subsection (b)— 

21 (A) by striking ‘‘referred to in such sub22 section’’; 

23 (B) in paragraph (1)— 

24 (i) by striking ‘‘or the Secretary of 

25 the military department concerned’’; 


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1 (ii) by redesignating subparagraphs 

2 (A) and (B) as subparagraphs (B) and 

3 (D), respectively; 

4 (iii) by inserting before subparagraph 

5 (B), as redesignated by clause (ii), the fol6 lowing new subparagraph: 

7 ‘‘(A) a justification for the proposed ac8 tion;’’; 

9 (iv) in subparagraph (B), as so redes10 ignated, by striking ‘‘; and’’ and inserting 

11 a semicolon; 

12 (v) by inserting after subparagraph 

13 (B), as so redesignated, the following new 

14 subparagraph: 

15 ‘‘(C) a description of the alternatives con16 sidered;’’; 

17 (vi) in clause (ii) of subparagraph 

18 (D), as so redesignated, by striking ‘‘; 

19 and’’ and inserting a semicolon; and 

20 (vii) by inserting after subparagraph 

21 (D), as so redesignated, the following new 

22 subparagraphs: 

23 ‘‘(E) an estimate of the number of mili24 tary, civilian, and contractor personnel affected 

25 by the proposed action; and 


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1 ‘‘(F) a plan to provide support for affected 

2 communities; and’’; and 

3 (C) by amending paragraph (2) to read as 

4 follows: 

5 ‘‘(2) Congress has enacted legislation expressly 

6 authorizing the action.’’; 

7 (3) in subsection (c)— 

8 (A) by striking ‘‘shall not apply to the clo9 sure’’ and inserting the following: ‘‘shall not 

10 apply— 

11 ‘‘(1) to the closure’’; 

12 (B) by striking ‘‘or a military emergency.’’ 

13 and inserting ‘‘or a military emergency; or’’; 

14 and 

15 (C) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2) to the relocation from a military installa18 tion of personnel or functions that are required to 

19 support the deployment of members of the armed 

20 forces, provided that such personnel and functions 

21 are returned to the military installation after the de22 ployment.’’; 

23 (4) in subsection (d), by striking ‘‘(1) After the 

24 expiration’’ and all that follows through ‘‘(2) NothVerDate Mar 15 2010 03:03 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.IS S3663

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1 ing in this section’’ and inserting ‘‘Nothing in this 

2 section’’; 

3 (5) in subsection (e)— 

4 (A) in paragraph (1), by inserting ‘‘and 

5 any public land under Bureau of Land Manage6 ment control that is withdrawn and reserved for 

7 military training and testing’’ after ‘‘including 

8 any leased facility’’; 

9 (B) by amending paragraph (3) to read as 

10 follows: 

11 ‘‘(3) The term ‘realignment’ includes any action 

12 or combination of actions within a 4-year period that 

13 reduces or relocates functions and military or civil14 ian personnel positions, but does not include a re15 duction in force resulting from a reduction in mili16 tary end strength levels or a reduction in total civil17 ian personnel levels.’’; 

18 (C) by striking paragraph (4); and 

19 (D) by adding at the end the following new 

20 paragraph: 

21 ‘‘(4) The term ‘closure’ includes any action or 

22 combination of actions that results in the elimination 

23 of all active functions at a military installation, the 

24 elimination of all military and civilian personnel poVerDate Mar 15 2010 03:03 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3663.IS S3663

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1 sitions at a military installation, or the placement of 

2 a military installation into non-active status.’’; and 

3 (6) by adding at the end the following new sub4 sections: 

5 ‘‘(g) For purposes of this section, the component 

6 bases of a joint base shall be considered as independent 

7 military installations, and not collectively as a single mili8 tary installation. 

9 ‘‘(h) For purposes of this section, any leased space 

10 in which more than 300 combined military and civilian 

11 personnel are housed shall be considered to be an inde12 pendent military installation, and shall not be considered 

13 part of a larger military installation. Functions and per14 sonnel located at a leased space may be transferred to an15 other leased space located within 50 miles or to the near16 est military installation located within 50 miles notwith17 standing any limitations in this section.’’. 

Æ 


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