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U.S. Code as of:
01/19/04
Section 2687. Base closures and realignments
(a) Notwithstanding any other provision of law, no action may be
taken to effect or implement -
(1) the closure of any military installation at which at least
300 civilian personnel are authorized to be employed;
(2) any realignment with respect to any military installation
referred to in paragraph (1) involving a reduction by more than
1,000, or by more than 50 percent, in the number of civilian
personnel authorized to be employed at such military installation
at the time the Secretary of Defense or the Secretary of the
military department concerned notifies the Congress under
subsection (b) of the Secretary's plan to close or realign such
installation; or
(3) any construction, conversion, or rehabilitation at any
military facility other than a military installation referred to
in clause (1) or (2) which will or may be required as a result of
the relocation of civilian personnel to such facility by reason
of any closure or realignment to which clause (1) or (2) applies,
unless and until the provisions of subsection (b) are complied
with.
(b) No action described in subsection (a) with respect to the
closure of, or a realignment with respect to, any military
installation referred to in such subsection may be taken unless and
until -
(1) the Secretary of Defense or the Secretary of the military
department concerned notifies the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives, as part of an annual request for authorization
of appropriations to such Committees, of the proposed closing or
realignment and submits with the notification an evaluation of
the fiscal, local economic, budgetary, environmental, strategic,
and operational consequences of such closure or realignment; and
(2) a period of 30 legislative days or 60 calendar days,
whichever is longer, expires following the day on which the
notice and evaluation referred to in clause (1) have been
submitted to such committees, during which period no irrevocable
action may be taken to effect or implement the decision.
(c) This section shall not apply to the closure of a military
installation, or a realignment with respect to a military
installation, if the President certifies to the Congress that such
closure or realignment must be implemented for reasons of national
security or a military emergency.
(d)(1) After the expiration of the period of time provided for in
subsection (b)(2) with respect to the closure or realignment of a
military installation, funds which would otherwise be available to
the Secretary to effect the closure or realignment of that
installation may be used by him for such purpose.
(2) Nothing in this section restricts the authority of the
Secretary to obtain architectural and engineering services under
section 2807 of this title.
(e) In this section:
(1) 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, or Guam. Such
term does not include any facility used primarily for civil
works, rivers and harbors projects, or flood control projects.
(2) The term "civilian personnel" means direct-hire, permanent
civilian employees of the Department of Defense.
(3) The term "realignment" includes any action which both
reduces and relocates functions and civilian personnel positions,
but does not include a reduction in force resulting from workload
adjustments, reduced personnel or funding levels, skill
imbalances, or other similar causes.
(4) The term "legislative day" means a day on which either
House of Congress is in session.
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