I
107TH CONGRESS
1ST SESSION
H. R. 1820
To amend the Defense Base Closure and Realignment Act of 1990 to author-
ize an additional round of military base closures and realignments using
a two-step process that first identifies those military bases that may
not be considered for closure or realignment.
IN THE HOUSE OF REPRESENTATIVES
MAY 10, 2001
Mr. SNYDER introduced the following bill; which was referred to the Com-
mittee on Armed Services, and in addition to the Committee on Rules,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To amend the Defense Base Closure and Realignment Act
of 1990 to authorize an additional round of military
base closures and realignments using a two-step process
that first identifies those military bases that may not
be considered for closure or realignment.
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 ‘‘Military Infrastructure
Transformation Act of 2001’’.
SEC. 2. ADDITIONAL ROUND OF DEFENSE BASE CLOSURES
AND REALIGNMENTS IN 2003.
(a) ADDITIONAL ROUND
OF CLOSURES AUTHOR-
IZED.—The Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–501;
10 U.S.C. 2687 note) is amended by adding at the end
the following new section:
‘‘SEC. 2912. BASE REINVESTMENT AND COMMUNITY ENTER-
PRISE INITIATIVE FOR 2003.
‘‘(a) AUTHORIZATION OF ADDITIONAL BASE CLO-
SURE ROUND.—(1) During the period between January
15, 2003, and January 31, 2003, the President may elect
to commence an additional round of base closures and re-
alignments by transmitting to the Senate nominations for
the appointment of new members to the Defense Base Clo-
sure and Realignment Commission. If the President does
not transmit to Congress the nominations during that pe-
riod, the process by which military installations may be
selected for closure or realignment under this section shall
be terminated.
‘‘(2) As part of the submission of the nominations
under paragraph (1), the Secretary of Defense may sub-
mit to Congress a report explaining the military necessity
for further base closures and realignments.
‘‘(3) Notwithstanding section 2902(d), the term of
the Commission required for the round of base closures
and realignment authorized by this section shall continue
until the disposal of property at all military installations
approved for closure under this section is completed. Not-
withstanding section 2902(i), the Commission may only
maintain 15 staff members after December 31, 2003.
‘‘(b) SELECTION CRITERIA.—(1) The Secretary shall
amend the criteria to be used in making recommendations
for the closure or realignment of military installations in-
side the United States to reflect the requirement to de-
velop a list of those military installations to be excluded
from the base closure and realignment process, as pro-
vided in subsection (c). The Secretary shall comply with
section 2903(b)(2)(B) in amending the criteria, except
that the Secretary shall publish the proposed amendments
in the Federal Register and transmit them to the congres-
sional defense committees not later than December 1,
2002, and publish the final criteria in the Federal Register
and transmit to such committees not later than January
15, 2003. The Secretary shall comply with section 2903(a)
in preparing the budget justification documents submitted
to Congress in support of the budget for the Department
of Defense for fiscal year 2004.
‘‘(2) It is the sense of Congress that the national se-
curity needs of the United States in the future will be best
met by a military force that operates on the principle of
jointness, and, therefore, the Secretary and the Commis-
sion should consider jointness when performing their du-
ties in the additional round of base closures and realign-
ments authorized by this section.
‘‘(c) LIST
OF INSTALLATIONS EXCLUDED FROM
CONSIDERATION FOR CLOSURE OR REALIGNMENT.—(1)
Before preparing the list of military installations inside
the United States that the Secretary recommends for clo-
sure or realignment, the Secretary shall prepare a list of
core military installations that the Secretary considers ab-
solutely essential to the national defense and that should
not be considered for closure.
‘‘(2) Not later than February 15, 2003, the Secretary
shall submit to the congressional defense committees, pub-
lish in the Federal Register, and send to the Commission
the list required by paragraph (1). The list shall contain
not more than 50 percent of the military installations in-
side the United States.
‘‘(3) The Commission shall consider the list based on
the amended criteria developed under subsection (b). The
Commission may modify this list, in the manner provided
in section 2903(d), if the Commission finds that the inclu-
sion of a military installation on the list substantially vio-
lates the criteria. Except as provided in subsection (d),
the Commission shall forward to the President, not later
than April 15, 2003, a report containing its recommenda-
tions regarding the list, which must comply with the per-
centages specified in paragraph (2). The Comptroller Gen-
eral shall also comply with section 2904(d)(5) by that
date.
‘‘(4) If the Commission submits a report to the Presi-
dent under paragraph (3), the President shall notify Con-
gress, not later than April 30, 2003, regarding whether
the President approves or disapproves the report. If the
President disapproves the report, the Commission shall
have until May 15, 2003, to submit a modified report,
after which the President shall have until May 22, 2003,
to transmit the modified report to Congress. If the Presi-
dent fails to do so or does not approve the modified list,
the Commission shall be dissolved, and the process by
which military installations may be selected for closure or
realignment under this section shall be terminated.
‘‘(5) A military installation included on the exclusion
list approved under this subsection may not be included
on the closure and realignment list prepared under sub-
section (e) or otherwise considered for closure or realign-
ment as part of the base closure process under this sec-
tion.
‘‘(d) COMMISSION REVIEW OF NEED FOR FURTHER
CLOSURES.—As part of its activities under subsection (c),
the Commission shall determine whether there exists a
military necessity for further base closures. In making this
determination, the Commission may take such testimony
and consider such submitted documentation and state-
ments as the Commission considers appropriate. If the
Commission determines that further closures are not mili-
tarily necessary, and transmits this determination to the
President, the Commission shall be dissolved, and the
process by which military installations may be selected for
closure or realignment under this section shall be termi-
nated.
‘‘(e) PREPARATION AND CONSIDERATION OF CLO-
SURE AND REALIGNMENT LIST.—(1) Not later than 15
days after that date on which the President approves the
list prepared under subsection (c), the Secretary shall pub-
lish in the Federal Register, transmit to the congressional
defense committees, and send to the Commission, a list
of military installations recommended for closure or re-
alignment. The Commission shall consider this list in the
manner provided in section 2903(d), except that the Com-
mission’s report shall be transmitted to the President not
later than October 15, 2003.
‘‘(2) Not later than October 30, 2003, the President
shall notify Congress regarding whether the President ap-
proves or disapproves the report. If the President dis-
‘‘(h) COMMISSION’S ROLE DURING CLOSURE.—(1)
During the Secretary’s implementation of base closures
and realignments approved under this section, the Com-
mission shall serve as an Ombudsman, to which any af-
fected community (containing or bordering a military in-
stallation to be closed) or redevelopment authority may ap-
peal regarding problems or disputes with the Secretary in
the process of closure or realignment. Appeals may be sub-
mitted to the Commission regarding any dispute between
the affected parties (the Secretary, redevelopment authori-
ties, and local communities) after approval of the closure
list.
‘‘(2) The Commission is authorized, but not required,
to issue a decision on an appeal submitted under para-
graph (1). Any such decision shall be made by majority
vote. The decision shall be binding on the Secretary unless
the Secretary overrules the decision of the Commission.
If the Secretary overrules a decision, the Secretary shall
provide written notice, including the reasons why the Sec-
retary is overruling the decision, to the Chairman of the
Commission, the affected community or redevelopment au-
thority, and the Chairmen and ranking minority members
of the Committees on Armed Services of the Senate and
House of Representatives.
‘‘(3) The Commission may not take a military instal-
lation off the closure list, change a closure to a realign-
ment (or vice versa), or make any other substantive
changes to the list, but the Commission shall have jurisdic-
tion over solely procedural matters.’’.
(b) ADJUSTMENT
AND DIVERSIFICATION ASSIST-
ANCE.—Section 2391(b)(1) of title 10, United States
Code, is amended by inserting after ‘‘the affected commu-
nity’’ the following: ‘‘or the community contains an eco-
nomically distressed area’’.
(c) REPORT ON EXPEDITING BASE CLOSURE PROP-
ERTY TRANSFERS.—Not later than December 31, 2003,
the Secretary of Defense shall submit to Congress a report
evaluating the feasibility of permitting local communities
and redevelopment authorities to take possession of indi-
vidual structures on military installations approved for clo-
sure, when such structures are no longer needed for mili-
tary purposes, without waiting for the closure of the in-
stallation.
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