Sec. 2871. REPORTS REGARDING DECISION-MAKING PROCESS USED TO LOCATE OR RELOCATE MAJOR HEADQUARTERS AND CERTAIN MILITARY UNITS AND WEAPON SYSTEMS
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## SEC. 2871 REPORTS REGARDING DECISION-MAKING PROCESS USED TO LOCATE OR RELOCATE MAJOR HEADQUARTERS AND CERTAIN MILITARY UNITS AND WEAPON SYSTEMS ###
(a)One-time Report on Decision-making Process ####
(1)Report required Not later than March 1, 2021, each Secretary of a military department (and the Secretary of Defense with respect to matters concerning the Defense Agencies and the Joint Staff) shall submit a report to the Committees on Armed Services of the House of Representatives and the Senate regarding the process to be used by the Secretary concerned to make basing decisions for each Armed Force under the jurisdiction of the Secretary concerned in the following circumstances: #####
(A)Whenever a military installation is to be selected to serve as the first permanent location for a new major headquarters, covered military unit, or major weapon system. #####
(B)Whenever a permanent change is considered in the basing of a major headquarters, covered military unit, or major weapon system by relocating the major headquarters, covered military unit, or major weapon system from its current military installation to a different military installation. ####
(2)Elements of report The report submitted by the Secretary concerned under paragraph
(1)shall include at a minimum the following: #####
(A)A description of the decision-making process to be used by that Secretary for basing decisions covered under subparagraph
(A)and
(B)of such paragraph. #####
(B)A timeline for the scenarios outlined in such subparagraphs, including the decision authority for each decision to be made during the decision-making process. #####
(C)The congressional engagement plan to be used to notify the Committees on Armed Services of the House of Representatives and the Senate and interested Members of Congress at key points throughout the decision-making process. #####
(D)The plan for implementing the requirements of section 483 of title 10, United States Code, as added by subsection (b). ####
(3)Definitions The definitions contained in section 483 of title 10, United States Code, as added by subsection (b), apply to this subsection. ###
(b)Congressional Notifications Required Related to Basing Decision-making Process Chapter 23 of title 10, United States Code, is amended by inserting after section 482 the following new section: > > ## “SEC. 483 Notifications related to basing decision-making process > > **[**[10 U.S.C. 483](/us/usc/t10/s483)**]** > > > ### “(a) Notification Required > > At each point in the decision-making process specified in subsection (b), the Secretary concerned shall notify the congressional defense committees of the decision-making process to be used or the decision-making process used, whichever applies— > > > #### “(1) > > to select a military installation to serve as the first permanent location for a new major headquarters, covered military unit, or major weapon system; or > > > #### “(2) > > to make a permanent change in the basing of a major headquarters, covered military unit, or major weapon system by relocating the major headquarters, covered military unit, or major weapon system from its current military installation to a different military installation. > > > ### “(b) Deadlines for Submission of Notice > > The Secretary concerned shall provide the notice required by subsection
(a)within seven days after each of the following decision points during the decision-making process: > > > #### “(1) > > When the Secretary concerned issues any formal internal guidance to begin the decision-making process regarding the location or relocation of a major headquarters, covered military unit, or major weapon system. > > > #### “(2) > > When the Secretary concerned selects between two and five military installations as the most likely candidate locations for a major headquarters, covered military unit, or major weapon system in order to subject those installations to additional analysis. > > > #### “(3) > > When the Secretary concerned selects a specific military installation as the preferred location for the major headquarters, covered military unit, or major weapon system. > > > ### “(c) Required Elements of Notification > > In a notice required by subsection (a), the Secretary concerned shall include at a minimum the following: > > > #### “(1) > > A description of the manner in which the joint and all-domain training capabilities at each candidate location, if applicable to the type of basing decision-making process at issue, will be or was, whichever applies, comparatively analyzed among candidate military installations, separate from and in addition to the mission criteria to be used or that was used to make the basing decision. > > > #### “(2) > > A description of the manner in which the airspace and training areas available at each candidate location, if applicable to the type of basing decision-making process at issue, will be or was, whichever applies, comparatively analyzed among candidate military installations, separate from and in addition to the mission criteria to be used or that was used to make the basing decision. > > > #### “(3) > > A description of the manner in which community support for the basing decision-making process described in subsection
(a)will be or was, whichever applies, comparatively analyzed among candidate military installations, including consultation with appropriate State officials and officials of units of local government in which each installation is located regarding matters affecting the local community, such as transportation, utility infrastructure, housing, education, and family support activities. In any case in which the Secretary concerned selects as the preferred location a military installation with less community support compared to other locations, as indicated by such a comparative analysis, an explanation of the operational considerations that formed the basis for such selection. > > > #### “(4) > > An explanation of how each candidate location will be or was, whichever applies, scored against the factors referred to in the preceding paragraphs, including the weight assigned to each factor. > > > #### “(5) > > A summary of any internal score cards that will be or were, whichever applies, used to make the basing decision. > > > ### “(d) Notice and Wait Requirements > > No irrevocable action may be taken to effect or implement a basing decision reached through the decision-making process described in subsection
(a)until the end of the 14-day period beginning on the date on which the Secretary concerned submits, in an electronic medium pursuant to section 480 of this title, the notice referred to in subsection (b)(3) regarding a preferred location for the major headquarters, covered military unit, or major weapon system. > > > ### “(e) Annual Reporting Requirement > > > #### “(1) Report required > > Not later than 10 days after the date on which the budget request for a fiscal year is submitted to Congress under section 1105 of title 31, the Secretary concerned shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report providing the following: > > > ##### “(A) > > An update on the status and anticipated completion date of each decision-making process that was commenced or was underway during the previous two fiscal years regarding the location or relocation of a major headquarters, covered military unit, or major weapon system. > > > ##### “(B) > > A list and description of anticipated basing decisions to be made regarding the location or relocation of a major headquarters, covered military unit, or major weapon system over the period covered by the future-years defense plan. > > > ##### “(C) > > A timeline for a congressional engagement plan to brief the Committees on Armed Services of the House of Representatives and the Senate during the decision-making process and when decision notifications would be provided to interested Members of Congress. > > > #### “(2) Elements of report > > To satisfy the requirements of paragraph (1)(B), a report under this subsection shall include at a minimum the following: > > > ##### “(A) > > An estimate of the number of members of the armed forces and civilian personnel potentially impacted by the basing decision. > > > ##### “(B) > > The locations to be considered, if already known. > > > ##### “(C) > > The expected timeline for beginning the decision-making process and reaching a final determination. > > > ### “(f) Definitions > > In this section: > > > #### “(1) > > The term ‘covered military unit’ means a unit of the armed forces whose initial assignment to a military installation or relocation from a military installation to a different military installation requires the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). > > > #### “(2) > > The term ‘major headquarters’ means the headquarters of a military unit or command that is the appropriate command of a general officer or flag officer. > > > #### “(3) > > The term ‘major weapon system’ means a weapon system that is treatable as a major system under section 2302(5) of title. > > > #### “(4) > > The term ‘military installation’ means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or Guam. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. > > > #### “(5) > > The term ‘Secretary concerned’ means— > > > ##### “(A) > > the Secretary of the military department concerned; and > > > ##### “(B) > > the Secretary of Defense with respect to matters concerning the Defense Agencies and the Joint Staff.” > . ###
(c)Clerical Amendment **[**[10 U.S.C. 480](/us/usc/t10/s480)**]** The table of sections at the beginning of chapter 23 of title 10, United States Code, is amended by inserting after the item relating to section 482 the following new item:" “483. Notifications related to basing decision-making process.” ".
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Sec. 2871
REPORTS REGARDING DECISION-MAKING PROCESS USED TO LOCATE OR RELOCATE MAJOR HEADQUARTERS AND CERTAIN MILITARY UNITS AND WEAPON SYSTEMS
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