II

106TH CONGRESS

1ST SESSION S. 258

To authorize additional rounds of base closures and realignments under the

Defense Base Closure and Realignment Act of 1990 in 2001 and 2003,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 20, 1999

Mr. MCCAIN (for himself, Mr. LEVIN, and Mr. ROBB) introduced the following

bill; which was read twice and referred to the Committee on Armed Services

A BILL

To authorize additional rounds of base closures and realignments under the Defense Base Closure and Realignment

Act of 1990 in 2001 and 2003, and for other purposes.

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

3 SECTION 1. AUTHORITY TO CARRY OUT BASE CLOSURE

4 ROUNDS IN 2001 AND 2003.

5 (a) COMMISSION MATTERS.—

6 (1) APPOINTMENT.—Subsection (c)(1) of sec7 tion 2902 of the Defense Base Closure and Realign8 ment Act of 1990 (part A of title XXIX of Public

9 Law 101–510; 10 U.S.C. 2687 note) is amended—
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1 (A) in subparagraph (B)—

2 (i) by striking ‘‘and’’ at the end of

3 clause (ii);

4 (ii) by striking the period at the end

5 of clause (iii) and inserting a semicolon;

6 and

7 (iii) by adding at the end the follow8 ing new clauses (iv) and (v):

9 ‘‘(iv) by no later than March 1, 2001, in the

10 case of members of the Commission whose terms will

11 expire at the end of the first session of the 107th

12 Congress; and

13 ‘‘(v) by no later than January 3, 2003, in the

14 case of members of the Commission whose terms will

15 expire at the end of the first session of the 108th

16 Congress.’’; and

17 (B) in subparagraph (C), by striking ‘‘or

18 for 1995 in clause (iii) of such subparagraph’’

19 and inserting ‘‘, for 1995 in clause (iii) of that

20 subparagraph, for 2001 in clause (iv) of that

21 subparagraph, or for 2003 in clause (v) of that

22 subparagraph’’.

23 (2) MEETINGS.—Subsection (e) of that section

24 is amended by striking ‘‘and 1995’’ and inserting

25 ‘‘1995, 2001, and 2003’’.
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1 (3) STAFF.—Subsection (i)(6) of that section is

2 amended in the matter preceding subparagraph (A)

3 by striking ‘‘and 1994’’ and inserting ‘‘, 1994, and

4 2002’’.

5 (4) FUNDING.—Subsection (k) of that section is

6 amended by adding at the end the following new

7 paragraph (4):

8 ‘‘(4) If no funds are appropriated to the Commission

9 by the end of the second session of the 106th Congress

10 for the activities of the Commission in 2001 or 2003, the

11 Secretary may transfer to the Commission for purposes

12 of its activities under this part in either of those years

13 such funds as the Commission may require to carry out

14 such activities. The Secretary may transfer funds under

15 the preceding sentence from any funds available to the

16 Secretary. Funds so transferred shall remain available to

17 the Commission for such purposes until expended.’’.

18 (5) TERMINATION.—Subsection (l) of that sec19 tion is amended by striking ‘‘December 31, 1995’’

20 and inserting ‘‘December 31, 2003’’.

21 (b) PROCEDURES.—

22 (1) FORCE-STRUCTURE PLAN.—Subsection

23 (a)(1) of section 2903 of that Act is amended by

24 striking ‘‘and 1996,’’ and inserting ‘‘1996, 2002,

25 and 2004,’’.
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1 (2) SELECTION CRITERIA.—Subsection (b) of

2 such section 2903 is amended—

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

4 no later than January 28, 2001, for purposes

5 of activities of the Commission under this part

6 in 2001 and 2003,’’ after ‘‘December 31,

7 1990,’’; and

8 (B) in paragraph (2)(A)—

9 (i) in the first sentence, by inserting

10 ‘‘and by no later than March 15, 2001, for

11 purposes of activities of the Commission

12 under this part in 2001 and 2003,’’ after

13 ‘‘February 15, 1991,’’; and

14 (ii) in the second sentence, by insert15 ing ‘‘, or enacted on or before April 15,

16 2001, in the case of criteria published and

17 transmitted under the preceding sentence

18 in 2001’’ after ‘‘March 15, 1991’’.

19 (3) DEPARTMENT OF DEFENSE RECOMMENDA20 TIONS.—Subsection (c) of such section 2903 is

21 amended—

22 (A) in paragraph (1), by striking ‘‘and

23 March 1, 1995,’’ and inserting ‘‘March 1, 1995,

24 May 1, 2001, and March 1, 2003,’’;
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1 (B) by redesignating paragraphs (4), (5),

2 and (6) as paragraphs (5), (6), and (7), respec3 tively;

4 (C) by inserting after paragraph (3) the

5 following new paragraph (4):

6 ‘‘(4)(A) In making recommendations to the Commis7 sion under this subsection in any year after 1999, the Sec8 retary shall consider any notice received from a local gov9 ernment in the vicinity of a military installation that the

10 government would approve of the closure or realignment

11 of the installation.

12 ‘‘(B) Notwithstanding the requirement in subpara13 graph (A), the Secretary shall make the recommendations

14 referred to in that subparagraph based on the force-struc15 ture plan and final criteria otherwise applicable to such

16 recommendations under this section.

17 ‘‘(C) The recommendations made by the Secretary

18 under this subsection in any year after 1999 shall include

19 a statement of the result of the consideration of any notice

20 described in subparagraph (A) that is received with re21 spect to an installation covered by such recommendations.

22 The statement shall set forth the reasons for the result.’’;

23 and

24 (D) in paragraph (7), as so redesignated—
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1 (i) in the first sentence, by striking

2 ‘‘paragraph (5)(B)’’ and inserting ‘‘para3 graph (6)(B)’’; and

4 (ii) in the second sentence, by striking

5 ‘‘24 hours’’ and inserting ‘‘48 hours’’.

6 (4) COMMISSION REVIEW AND RECOMMENDA7 TIONS.—Subsection (d) of such section 2903 is

8 amended—

9 (A) in paragraph (2)(A), by inserting ‘‘or

10 by no later than September 1 in the case of rec11 ommendations in 2001,’’ after ‘‘pursuant to

12 subsection (c),’’;

13 (B) in paragraph (4), by inserting ‘‘or

14 after September 1 in the case of recommenda15 tions in 2001,’’ after ‘‘under this subsection,’’;

16 and

17 (C) in paragraph (5)(B), by inserting ‘‘or

18 by no later than June 15 in the case of such

19 recommendations in 2001,’’ after ‘‘such rec20 ommendations,’’.

21 (5) REVIEW BY PRESIDENT.—Subsection (e) of

22 such section 2903 is amended—

23 (A) in paragraph (1), by inserting ‘‘or by

24 no later than September 15 in the case of rec-
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1 ommendations in 2001,’’ after ‘‘under sub2 section (d),’’;

3 (B) in the second sentence of paragraph

4 (3), by inserting ‘‘or by no later than October

5 15 in the case of 2001,’’ after ‘‘the year con6 cerned,’’; and

7 (C) in paragraph (5), by inserting ‘‘or by

8 November 1 in the case of recommendations in

9 2001,’’ after ‘‘under this part,’’.

10 (c) CLOSURE AND REALIGNMENT OF INSTALLA11 TIONS.—Section 2904(a) of that Act is amended—

12 (1) by redesignating paragraphs (3) and (4) as

13 paragraphs (4) and (5), respectively; and

14 (2) by inserting after paragraph (2) the follow15 ing new paragraph (3):

16 ‘‘(3) carry out the privatization in place of a

17 military installation recommended for closure or re18 alignment by the Commission in each such report

19 after 1999 only if privatization in place is a method

20 of closure or realignment of the installation specified

21 in the recommendation of the Commission in such

22 report and is determined to be the most-cost effec23 tive method of implementation of the recommenda24 tion;’’.
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1 (d) RELATIONSHIP TO OTHER BASE CLOSURE AU2 THORITY.—Section 2909(a) of that Act is amended by

3 striking ‘‘December 31, 1995,’’ and inserting ‘‘December

4 31, 2003,’’.

5 (e) TECHNICAL AND CLARIFYING AMENDMENTS.—

6 (1) COMMENCEMENT OF PERIOD FOR NOTICE

7 OF INTEREST IN PROPERTY FOR HOMELESS.—Sec8 tion 2905(b)(7)(D)(ii)(I) of that Act is amended by

9 striking ‘‘that date’’ and inserting ‘‘the date of pub10 lication of such determination in a newspaper of

11 general circulation in the communities in the vicinity

12 of the installation under subparagraph (B)(i)(IV)’’.

13 (2) OTHER CLARIFYING AMENDMENTS.—

14 (A) That Act is further amended by insert15 ing ‘‘or realignment’’ after ‘‘closure’’ each place

16 it appears in the following provisions:

17 (i) Section 2905(b)(3).

18 (ii) Section 2905(b)(4)(B)(ii).

19 (iii) Section 2905(b)(5).

20 (iv) Section 2905(b)(7)(B)(iv).

21 (v) Section 2905(b)(7)(N).

22 (vi) Section 2910(10)(B).

23 (B) That Act is further amended by insert24 ing ‘‘or realigned’’ after ‘‘closed’’ each place it

25 appears in the following provisions:
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1 (i) Section 2905(b)(3)(C)(ii).

2 (ii) Section 2905(b)(3)(D).

3 (iii) Section 2905(b)(3)(E).

4 (iv) Section 2905(b)(4)(A).

5 (v) Section 2905(b)(5)(A).

6 (vi) Section 2910(9).

7 (vii) Section 2910(10).

8 (C) Section 2905(e)(1)(B) of that Act is

9 amended by inserting ‘‘, or realigned or to be

10 realigned,’’ after ‘‘closed or to be closed’’.

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