Introduction
Below is an excerpt from Public Law 107-107, the Defense Authorization Act of 2002, which authorizes a 2005 Base Realignment and Closure (BRAC) Round. Congress agreed last year to resurrect the BRAC commission and process to address an excess base capacity, estimated to be approximately
20-25 %.
In Northern New York, as proud as we are of Fort Drum, we realize we can not take it for granted. The Army, Department of Defense and the BRAC Commission will have extremely tough choices to make as they prepare the force structure plan, the installation inventory and the Closure List in 2004 and 2005.
The goal of the FDRLO through its DRUM 2020 Task Force is to expand the use of Fort Drum by the Army, the other services and the Departments of Defense and Homeland Security.
We recognize this will be a very competitive BRAC round in which all bases, including maneuver bases, will be looked at.
As Under Secretary of Defense for Acquisition, Logistics, and Technology Edward C. "Pete" Aldridge said at a Pentagon Briefing on Thursday, May 2, 2002:
" I mean, we owe the American taxpayer this, to provide as much use for the taxpayers' dollars as we can get. And I don't think there is any program that should be considered locked in concrete, unless you want to consider the Pentagon. (Laughter.) This is probably the only place that's BRAC [Base Realignment and Closure]- proof at this point."
That concept of good stewardship of taxpayer dollars will, we hope, lead others to the conclusion that the Power Projection Platform and maneuver base known as Pine Plains, Pine Camp, Camp Drum and now Fort Drum is a priceless defense resource, absolutely critical to our region, the Northeast and our Nation.
DRUM 2020 expects to make this case
through its twin goals of educating about and advocating for Fort Drum.
Let us know if you would like to join our effort.
BRAC
LEGISLATION
TITLE XXX--REALIGNMENT AND CLOSURE OF MILITARY INSTALLATIONS AND
PREPARATION OF INFRASTRUCTURE PLAN FOR THE NUCLEAR WEAPONS COMPLEX
Sec. 3001. Authorization of round of realignments and closures of
military installations in 2005.
Sec. 3002. Selection criteria.
Sec. 3003. Revised procedures for making recommendations for realignments and closures and commission consideration of recommendations.
SEC. 3001. AUTHORIZATION OF ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY INSTALLATIONS IN 2005.
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) is amended by
adding at the end the following new section:
``SEC. 2912. 2005 ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY
INSTALLATIONS.
``(a) Force-Structure Plan and Infrastructure Inventory.--
``(1) Preparation and submission.--As part of the budget
justification documents submitted to Congress in support of the
budget for the Department of Defense for fiscal year 2005, the
Secretary shall include the following:
``(A) A force-structure plan for the Armed Forces
based on an assessment by the Secretary of the probable
threats to the national security during the 20-year
period beginning with fiscal year 2005, the probable
end-strength levels and major military force units
(including land force divisions, carrier and other major
combatant vessels, air wings, and other comparable
units) needed to meet these threats, and the anticipated
levels of funding that will be available for national
defense purposes during such period.
``(B) A comprehensive inventory of military
installations world-wide for each military department,
with specifications of the number and type of facilities
in the active and reserve forces of each military
department.
``(2) Relationship of plan and inventory.--Using the force-
structure plan and infrastructure inventory prepared under
paragraph (1), the Secretary shall prepare (and include as part
of the submission of such plan and inventory) the following:
``(A) A description of the infrastructure necessary
to support the force structure described in the force-
structure plan.
``(B) A discussion of categories of excess
infrastructure and infrastructure capacity.
``(C) An economic analysis of the effect of the
closure or realignment of military installations to
reduce excess infrastructure.
[[Page 115 STAT. 1343]]
``(3) Special considerations.--In determining the level of
necessary versus excess infrastructure under paragraph (2), the
Secretary shall consider the following:
``(A) The anticipated continuing need for and
availability of military installations outside the
United States, taking into account current restrictions
on the use of military installations outside the United
States and the potential for future prohibitions or
restrictions on the use of such military installations.
``(B) Any efficiencies that may be gained from joint
tenancy by more than one branch of the Armed Forces at a
military installation.
``(4) Revision.--The Secretary may revise the force-
structure plan and infrastructure inventory. If the Secretary
makes such a revision, the Secretary shall submit the revised
plan or inventory to Congress as part of the budget
justification documents submitted to Congress for fiscal year
2006.
``(b) Certification of Need for Further Closures and Realignments.--
``(1) Certification required.--On the basis of the force-
structure plan and infrastructure inventory prepared under
subsection (a) and the descriptions and economic analysis
prepared under such subsection, the Secretary shall include as
part of the submission of the plan and inventory--
``(A) a certification regarding whether the need
exists for the closure or realignment of additional
military installations; and
``(B) if such need exists, a certification that the
additional round of closures and realignments would
result in annual net savings for each of the military
departments beginning not later than fiscal year 2011.
``(2) Effect of failure to certify.--If the Secretary does
not include the certifications referred to in paragraph (1), the
process by which military installations may be selected for
closure or realignment under this part in 2005 shall be
terminated.
``(c) Comptroller General Evaluation.--
``(1) Evaluation required.--If the certification is provided
under subsection (b), the Comptroller General shall prepare an
evaluation of the following:
``(A) The force-structure plan and infrastructure
inventory prepared under subsection (a) and the final
selection criteria prepared under section 2913,
including an evaluation of the accuracy and analytical
sufficiency of such plan, inventory, and criteria.
``(B) The need for the closure or realignment of
additional military installations.
``(2) <<NOTE: Deadline.>> Submission.--The Comptroller
General shall submit the evaluation to Congress not later than
60 days after the date on which the force-structure plan and
infrastructure inventory are submitted to Congress.
``(d) Authorization of Additional Round; Commission.--
``(1) Appointment <<NOTE: Deadline.>> of commission.--
Subject to the certifications required under subsection (b), the
President may commence an additional round for the selection of
military installations for closure and realignment under this
part in 2005 by transmitting to the Senate, not later than March
15, 2005,
[[Page 115 STAT. 1344]]
nominations pursuant to section 2902(c) for the appointment of
new members to the Defense Base Closure and Realignment
Commission.
``(2) <<NOTE: Deadline.>> Effect of failure to nominate.--
If the President does not transmit to the Senate the nominations
for the Commission by March 15, 2005, the process by which
military installations may be selected for closure or
realignment under this part in 2005 shall be terminated.
``(3) Members.--Notwithstanding section 2902(c)(1), the
Commission appointed under the authority of this subsection
shall consist of nine members.
``(4) Terms; meetings; termination.--Notwithstanding
subsections (d), (e)(1), and (l) of section 2902, the Commission
appointed under the authority of this subsection shall meet
during calendar year 2005 and shall terminate on April 15, 2006.
``(5) Funding.--If no funds are appropriated to the
Commission by the end of the second session of the 108th
Congress for the activities of the Commission in 2005, the
Secretary may transfer to the Commission for purposes of its
activities under this part in that year such funds as the
Commission may require to carry out such activities. The
Secretary may transfer funds under the preceding sentence from
any funds available to the Secretary. Funds so transferred shall
remain available to the Commission for such purposes until
expended.''.
SEC. 3002. SELECTION CRITERIA.
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) is amended by
inserting after section 2912, as added by section 3001, the following
new section:
``SEC. 2913. SELECTION CRITERIA FOR 2005 ROUND.
``(a) Preparation of Proposed Selection Criteria.--
``(1) In <<NOTE: Deadline. Federal Register, publication.>>
general.--Not later than December 31, 2003, the Secretary shall
publish in the Federal Register and transmit to the
congressional defense committees the criteria proposed to be
used by the Secretary in making recommendations for the closure
or realignment of military installations inside the United
States under this part in 2005.
``(2) Public comment.--The Secretary shall provide an
opportunity for public comment on the proposed criteria for a
period of at least 30 days and shall include notice of that
opportunity in the publication required under this subsection.
``(b) Military Value as Primary Consideration.--The selection
criteria prepared by the Secretary shall ensure that military value is
the primary consideration in the making of recommendations for the
closure or realignment of military installations under this part in
2005. Military value shall include at a minimum the following:
``(1) Preservation of training areas suitable for maneuver
by ground, naval, or air forces to guarantee future availability
of such areas to ensure the readiness of the Armed Forces.
``(2) Preservation of military installations in the United
States as staging areas for the use of the Armed Forces in
homeland defense missions.
[[Page 115 STAT. 1345]]
``(3) Preservation of military installations throughout a
diversity of climate and terrain areas in the United States for
training purposes.
``(4) The impact on joint warfighting, training, and
readiness.
``(5) Contingency, mobilization, and future total force
requirements at both existing and potential receiving locations
to support operations and training.
``(c) Special Considerations.--The selection criteria for military
installations shall also address at a minimum the following:
``(1) The extent and timing of potential costs and savings,
including the number of years, beginning with the date of
completion of the closure or realignment, for the savings to
exceed the costs.
``(2) The economic impact on existing communities in the
vicinity of military installations.
``(3) The ability of both existing and potential receiving
communities' infrastructure to support forces, missions, and
personnel.
``(4) The impact of costs related to potential environmental
restoration, waste management, and environmental compliance
activities.
``(d) Effect on Department and Other Agency Costs.--Any selection
criteria proposed by the Secretary relating to the cost savings or
return on investment from the proposed closure or realignment of
military installations shall take into account the effect of the
proposed closure or realignment on the costs of any other activity of
the Department of Defense or any other Federal agency that may be
required to assume responsibility for activities at the military
installations.
``(e) Final Selection <<NOTE: Deadline. Federal Register,
publication.>> Criteria.--Not later than February 16, 2004, the
Secretary shall publish in the Federal Register and transmit to the
congressional defense committees the final criteria to be used in making
recommendations for the closure or realignment of military installations
inside the United States under this part in 2005. Such criteria shall be
the final criteria to be used, along with the force-structure plan and
infrastructure inventory referred to in section 2912, in making such
recommendations unless disapproved by an Act of Congress enacted on or
before March 15, 2004.
``(f) Relation to Criteria for Earlier Rounds.--Section 2903(b), and
the selection criteria prepared under such section, shall not apply with
respect to the process of making recommendations for the closure or
realignment of military installations in 2005.''.
SEC. 3003. REVISED PROCEDURES FOR MAKING RECOMMENDATIONS FOR
REALIGNMENTS AND CLOSURES AND COMMISSION
CONSIDERATION OF RECOMMENDATIONS.
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) is amended by
inserting after section 2913, as added by section 3002, the following
new section:
[[Page 115 STAT. 1346]]
``SEC. 2914. SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS FOR
REALIGNMENTS AND CLOSURES FOR 2005
ROUND; COMMISSION CONSIDERATION OF
RECOMMENDATIONS.
``(a) Recommendations Regarding Closure or Realignment of Military
Installations.--If <<NOTE: Federal Register, publication. Deadline.>>
the Secretary makes the certifications required under section 2912(b),
the Secretary shall publish in the Federal Register and transmit to the
congressional defense committees and the Commission, not later than May
16, 2005, a list of the military installations inside the United States
that the Secretary recommends for closure or realignment on the basis of
the force-structure plan and infrastructure inventory prepared by the
Secretary under section 2912 and the final selection criteria prepared
by the Secretary under section 2913.
``(b) Preparation of Recommendations.--
``(1) In general.--The Secretary shall comply with
paragraphs (2) through (6) of section 2903(c) in preparing and
transmitting the recommendations under this section. However,
paragraph (6) of section 2903(c) relating to submission of
information to Congress shall be deemed to require such
submission within 48 hours.
``(2) Consideration of local government views.--(A) In
making recommendations to the Commission in 2005, the Secretary
shall consider any notice received from a local government in
the vicinity of a military installation that the government
would approve of the closure or realignment of the installation.
``(B) Notwithstanding the requirement in subparagraph (A),
the Secretary shall make the recommendations referred to in that
subparagraph based on the force-structure plan, infrastructure
inventory, and final selection criteria otherwise applicable to
such recommendations.
``(C) The recommendations shall include a statement of the
result of the consideration of any notice described in
subparagraph (A) that is received with respect to a military
installation covered by such recommendations. The statement
shall set forth the reasons for the result.
``(c) Recommendations To Retain Bases in Inactive Status.--In making
recommendations for the closure or realignment of military
installations, the Secretary may recommend that an installation be
placed in an inactive status if the Secretary determines that--
``(1) the installation may be needed in the future for
national security purposes; or
``(2) retention of the installation is otherwise in the
interest of the United States.
``(d) Commission Review and Recommendations.--
``(1) In general.--Except as provided in this subsection,
section 2903(d) shall apply to the consideration by the
Commission of the recommendations transmitted by the Secretary
in 2005. <<NOTE: Deadline.>> The Commission's report containing
its findings and conclusions, based on a review and analysis of
the Secretary's recommendations, shall be transmitted to the
President not later than September 8, 2005.
``(2) Availability of recommendations to congress.--After
September 8, 2005, the Commission shall promptly provide, upon
request, to any Member of Congress information used by the
Commission in making its recommendations.
[[Page 115 STAT. 1347]]
``(3) Limitations on authority to add to closure or
realignment lists.--The Commission may not consider making a
change in the recommendations of the Secretary that would add a
military installation to the Secretary's list of installations
recommended for closure or realignment unless, in addition to
the requirements of section 2903(d)(2)(C)--
``(A) the Commission provides the Secretary with at
least a 15-day period, before making the change, in
which to submit an explanation of the reasons why the
installation was not included on the closure or
realignment list by the Secretary; and
``(B) the decision to add the installation for
Commission consideration is supported by at least seven
members of the Commission.
``(4) Testimony by secretary.--The Commission shall invite
the Secretary to testify at a public hearing, or a closed
hearing if classified information is involved, on any proposed
change by the Commission to the Secretary's recommendations.
``(5) Comptroller general report.--The Comptroller General
report required by section 2903(d)(5)(B) analyzing the
recommendations of the Secretary and the selection process in
2005 shall be transmitted to the congressional defense
committees not later than July 1, 2005.
``(e) Review by the President.--
``(1) In general.--Except as provided in this subsection,
section 2903(e) shall apply to the review by the President of
the recommendations of the Commission under this section, and
the actions, if any, of the Commission in response to such
review, in 2005. <<NOTE: Reports. Deadline.>> The President
shall review the recommendations of the Secretary and the
recommendations contained in the report of the Commission under
subsection (d) and prepare a report, not later than September
23, 2005, containing the President's approval or disapproval of
the Commission's recommendations.
``(2) Commission <<NOTE: Deadline.>> reconsideration.--If
the Commission prepares a revised list of recommendations under
section 2903(e)(3) in 2005 in response to the review of the
President in that year under paragraph (1), the Commission shall
transmit the revised list to the President not later than
October 20, 2005.
``(3) Effect of failure to <<NOTE: Deadline. Termination.>>
transmit.--If the President does not transmit to Congress an
approval and certification described in paragraph (2) or (4) of
section 2903(e) by November 7, 2005, the process by which
military installations may be selected for closure or
realignment under this part in 2005 shall be terminated.
``(4) Effect of transmittal.--A report of the President
under this subsection containing the President's approval of the
Commission's recommendations is deemed to be a report under
section 2903(e) for purposes of sections 2904 and 2908.''.
The BRAC
law was amended by Public Law 107-314 to limit the BRAC
Commission's ability to add a base to the Closure List.
Public Law 107-314
SEC. 2854. SPECIAL REQUIREMENT FOR ADDING
MILITARY INSTALLATION TO CLOSURE LIST. Section 2914(d) of 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), as added
by section 3003 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 155
Stat, 1346), <<NOTE: 115 Stat. 1346.>> is amended--
(1) by redesignating paragraph (5) as paragraph (6); and (2) by
inserting after paragraph (4) the following new paragraph (5):
``(5) Site visit.--In the report required under section
2903(d)(2)(A) that is to be transmitted under paragraph (1), the
Commission may not recommend the closure of a military
installation not recommended for closure by the Secretary under
subsection (a) unless at least two members of the Commission
visit the installation before the date of the transmittal of the
report.''.
More
BRAC Information:
U.S. Army
Base Realignment and Closure Office
http://www.hqda.army.mil/acsimweb/brac/
U.S. Department of
Defense
Base Realignment and Closure Information
March 23, 2004: 20 Year Force
Structure Report
February 12, 2004 Department of
Defense Selection Criteria
March 16, 2003 Policy Memorandum One
http://www.dod.mil/brac/index.html
GAO
Reports on Base Closure
March 25, 2004: Military Base
Closures: Observations on Preparations for the Upcoming Base
Realignment and Closure Round.
http://www.gao.gov/cgi-bin/getrpt?GAO-04-558T
March
16, 2005
President
Bush Nominates 8 for BRAC Panel
Earlier in March, President Bush nominated Anthony
Principi to head the Base Realignment and Closure
Commission . The nominations
require Senate confirmation.
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BRAC
Schedule |
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Dec 31, 2003
Secretary of Defense publishes
criteria
for 2005 Round
Jan 31, 2004
Public Comment Period
on criteria expires
Feb 16, 2004
Final selection criteria
published by
Secretary of Defense
Mar 15, 2005
President nominates 9
members of Commission
May 16, 2005
Secretary of Defense submits list of recommendations
to Commission for review
Sep 8, 2005
Commission submits list
to President
Sept 23, 2005
President approves or disapproves
Commission’s List
Oct 20, 2005
If disapproved, Commission may
submit revised list to President
Nov 7, 2005
President must approve of list or revised list.
If not, process is over. |
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