§ 2687.
(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—
(A)
an evaluation of the fiscal, local economic, budgetary, environmental, strategic, and operational consequences of such closure or realignment; and
(B)
the criteria used to consider and recommend military installations for such closure or realignment, which shall include at a minimum consideration of—
(i)
the ability of the infrastructure (including transportation infrastructure) of both the existing and receiving communities to support forces, missions, and personnel as a result of such closure or realignment; and
(ii)
the costs associated with community transportation infrastructure improvements as part of the evaluation of cost savings or return on investment 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.
(f)
If the Secretary of Defense or the Secretary of the military department concerned determines, pursuant to the National Environmental Policy Act of 1969 (
42 U.S.C. 4321 et seq.), that a significant transportation impact will occur as a result of an action described in subsection (a), the action may not be taken unless and until the Secretary of Defense or the Secretary of the military department concerned—
(1)
analyzes the adequacy of transportation infrastructure at and in the vicinity of each military installation that would be impacted by the action;
(2)
concludes consultation with the Secretary of Transportation with regard to such impact;
(3)
analyzes the impact of the action on local businesses, neighborhoods, and local governments; and
(4)
includes in the notification required by subsection (b)(1) a description of how the Secretary intends to remediate the significant transportation impact.
(g)
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, 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.
(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.
(Added [Pub. L. 95–82, title VI, § 612(a)], Aug. 1, 1977, [91 Stat. 379]; amended [Pub. L. 95–356, title VIII, § 805], Sept. 8, 1978, [92 Stat. 586]; [Pub. L. 97–214, § 10(a)(8)], July 12, 1982, [96 Stat. 175]; [Pub. L. 98–525, title XIV, § 1405(41)], Oct. 19, 1984, [98 Stat. 2624]; [Pub. L. 99–145, title XII, § 1202(a)], Nov. 8, 1985, [99 Stat. 716]; [Pub. L. 100–180, div. A, title XII, § 1231(17)], Dec. 4, 1987, [101 Stat. 1161]; [Pub. L. 101–510, div. B, title XXIX, § 2911], Nov. 5, 1990, [104 Stat. 1819]; [Pub. L. 104–106, div. A, title XV, § 1502(a)(1)], Feb. 10, 1996, [110 Stat. 502]; [Pub. L. 106–65, div. A, title X, § 1067(1)], Oct. 5, 1999, [113 Stat. 774]; [Pub. L. 110–417, div. B, title XXVIII, § 2823(a)], Oct. 14, 2008, [122 Stat. 4730]; [Pub. L. 112–81, div. B, title XXVII, § 2704], Dec. 31, 2011, [125 Stat. 1682]; [Pub. L. 112–239, div. A, title X, § 1076(f)(33)], div. B, title XXVII, § 2712(a), Jan. 2, 2013, [126 Stat. 1954], 2144.)