I 
108TH CONGRESS 
2D SESSION 
H. R. 4246
To amend the Defense Base Closure and Realignment Act of 1990 to specify 
the criteria to be used by the Secretary of Defense in making rec-
ommendations in 2005 for the closure or realignment of military installa-
tions inside the United States under such Act. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2004
Mrs. WILSON of New Mexico introduced the following bill; which was referred 
to the Committee on Armed Services 
A BILL 
To amend the Defense Base Closure and Realignment Act 
of 1990 to specify the criteria to be used by the Sec-
retary of Defense in making recommendations in 2005 
for the closure or realignment of military installations 
inside the United States under such Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘2005 BRAC Selection 
Criteria Act’’.
SEC. 2. SPECIFICATION OF 2005 BRAC FINAL SELECTION 
CRITERIA. 
(a) FINDINGS.—Congress finds the following: 
(1) Title XXX of the National Defense Author-
ization Act for Fiscal Year 2002 (Public Law 107–
107; 115 Stat. 1342) amended the Defense Base 
Closure and Realignment Act of 1990 (part A of 
title XXIX of Public Law 101–510; 10 U.S.C. 2687 
note) to authorize the Secretary of Defense to con-
duct a round of base realignments and closures in 
2005. 
(2) In section 2822 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 
108–136; 117 Stat. 1726), approved November 24, 
2003, Congress required the Secretary of Defense to 
assess the probable threats to national security and 
determine the potential, prudent, surge requirements 
for the Armed Forces and military installations to 
meet those threats. Such section specifically requires 
the Secretary of Defense to use the determination of 
surge requirements in exercising the authority of the 
Secretary to conduct the 2005 round of base realign-
ments and closures. 
(3) Section 2913 of the Defense Base Closure 
and Realignment Act of 1990, as added by title 
XXX of the National Defense Authorization Act for
Fiscal Year 2002, specified the process by which the 
Secretary of Defense was to prepare the criteria to 
be used by the Secretary in making recommenda-
tions for the 2005 round of base realignments and 
closures and listed certain requirements the Sec-
retary had to comply with as part of the process, in-
cluding the advance publication of the proposed cri-
teria and the solicitation and consideration of public 
comments. 
(4) In subsection (e) of such section, Congress 
required the Secretary of Defense to publish in the 
Federal Register and transmit to Congress not later 
than February 16, 2004, the final criteria intended 
to be used by the Secretary in making recommenda-
tions for the 2005 round of base realignments and 
closures. Pursuant to such subsection, the Secretary 
of Defense published the final selection criteria in 
the Federal Register on February 12, 2004 (69 Fed. 
Reg. 6948). 
(5) In addition to specifically reserving its right 
to disapprove the final selection criteria, Congress 
may modify or otherwise amend the criteria by Act 
of Congress. 
(b) CONGRESSIONAL
SPECIFICATION
OF
FINAL 
BRAC SELECTION CRITERIA.—Section 2913 of the De-