Sec. 2914. SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS FOR REALIGNMENTS AND CLOSURES FOR 2005 ROUND; COMMISSION CONSIDERATION OF RECOMMENDATIONS

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## 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 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 specified in 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. **[**Subsection

(c)repealed by section 2833 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2133).**]** ###

(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. 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. ####

(3)Limitations on authority to consider additions 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)Requirements to expand closure or realignment recommendations In the report required under section 2903(d)(2)(A) that is to be transmitted under paragraph (1), the Commission may not make a change in the recommendations of the Secretary that would close a military installation not recommended for closure by the Secretary, would realign a military installation not recommended for closure or realignment by the Secretary, or would expand the extent of the realignment of a military installation recommended for realignment by the Secretary unless— #####

(A)at least two members of the Commission visit the military installation before the date of the transmittal of the report; and #####

(B)the decision of the Commission to make the change to recommend the closure of the military installation, the realignment of the installation, or the expanded realignment of the installation is supported by at least seven members of the Commission. ####

(6)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. 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 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 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. ### part B Other Provisions Relating to Defense Base Closures and Realignments

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Pub. L. 108-375
118 Stat. 2133

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Sec. 2914

SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS FOR REALIGNMENTS AND CLOSURES FOR 2005 ROUND; COMMISSION CONSIDERATION OF RECOMMENDATIONS

Pub. L.Pub. L. 108-375

Stat.118 Stat. 2133

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