S.Amdt. 706

1. 1

   Change 1: Adds SEC. 926. REQUIRED FORCE STRUCTURE at the end of subtitle C of title IX

   Adds a section

   In S. 1050 · Placed on Calendar Senate

   (e) Other References.--Any reference that is made in any other provision of law or in any regulation of the United States to a State, or to the Governor of a State, in relation to the National Guard (as defined in section 101(3) of title 32, United States Code) shall be considered to include a reference to the Commonwealth of the Northern Mariana Islands or to the Governor of the Northern Mariana Islands, respectively.

   Inserted: SEC. 926. REQUIRED FORCE STRUCTURE.

   Inserted: (a) Army.--Section 3062 of title 10, United States Code, is amended by adding at the end the following new subsection:

   Inserted: "(e) The Army shall be so organized as to include not less than--

   Inserted: "(1) 10 active and eight National Guard combat divisions or their equivalents;

   Inserted: "(2) one active armored cavalry regiment and one light cavalry regiment or their equivalents;

   Inserted: "(3) 15 National Guard enhanced brigades or their equivalents; and

   Inserted: "(4) such other active and reserve component land combat, rotary-wing aviation, and other services as may be required to support forces specified in paragraphs (1) through (3).".

   Inserted: (b) Navy.--Section 5062 of such title is amended by adding at the end the following new subsection:

   Inserted: "(d) The Navy, within the Department of the Navy, shall be so organized as to include--

   Inserted: "(1) not less than 305 vessels in active service;

   Inserted: "(2) not less than 12 aircraft carrier battle groups or their equivalents, not less than 12 amphibious ready groups or their equivalents, not less than 55 attack submarines, not less than 108 active surface combatant vessels, and not less than 8 reserve combatant vessels; and

   Inserted: "(3) such other active and reserve naval combat, naval aviation, and service forces as may be required to support forces specified in paragraphs (1) and (2).".

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   Inserted: (c) Air Force.--Section 8062 of title 10, United States Code, is amended by adding at the end the following new subsection:

   Inserted: "(g) Notwithstanding subsection (e), the Air Force shall be so organized as to include not less than--

   Inserted: "(1) 46 active fighter squadrons or their equivalents;

   Inserted: "(2) 38 National Guard and Reserve squadrons or their equivalents;

   Inserted: "(3) 96 combat-coded bomber aircraft in active service; and

   Inserted: "(4) such other squadrons, reserve groups, and supporting auxiliary and reserve units as may be required to support forces specified in paragraphs (1) through (3).".

   Original wording

   At the end of subtitle C of title IX, add the following:

2. 2

   Change 2: Adds SEC. 2815. MODIFICATION OF AUTHORITY TO CONDUCT A ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY INSTALLATIONS IN 2005 at the end of subtitle B of title XXVIII

   Adds a section

   In S. 1050 · Placed on Calendar Senate

   "(i) Applicability to Department of Defense Property in Emergency Support of Homeland Security.--The provisions of this section shall not apply to a building or property under the jurisdiction of the Department of Defense that the Secretary of Defense determines should be made available for use by a State or local government, or private entity, on a temporary basis, for emergency activities in support of homeland security.".

   Inserted: SEC. 2815. MODIFICATION OF AUTHORITY TO CONDUCT A ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY INSTALLATIONS IN 2005.

   Inserted: (a) Revision to Force Structure Plan for 2005 Round.--Section 2912(a) 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) is amended--

   Inserted: (1) by striking subparagraph (A) of paragraph (1) and inserting the following:

   Inserted: "(A) A force-structure plan for the Armed Forces that--

   Inserted: "(i) at a minimum, assumes the force structure under the 1991 Base Force force structure (as defined in paragraph (5)) that is also known as the 'Cheney-Powell force structure'; and

   Inserted: "(ii) includes such consideration as the Secretary considers appropriate of an assessment by the Secretary of--

   Inserted: "(I) the probable threats to the national security during the 20-year period beginning with fiscal year 2005;

   Inserted: "(II) 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 those threats; and

   Inserted: "(III) the anticipated levels of funding that will be available for national defense purposes during such period.";

   Inserted: (2) in paragraph (2)(A), by inserting before the period at the end the following: ", based upon an assumption that there are no installations available outside the United States for the permanent basing of elements of the Armed Forces";

   Inserted: (3) in paragraph (4), by inserting after the first sentence the following new sentence: "Any such revision shall be consistent with this subsection."; and

   Inserted: (4) by adding at the end the following new paragraph:

   Show 16 more inserted paragraphsShow less

   Inserted: "(5) Base force.--In this subsection, the term '1991 Base Force force structure' means the force structure plan for the Armed Forces, known as the 'Base Force', that was adopted by the Secretary of Defense in November 1990 based upon recommendations of the Chairman of the Joint Chiefs of Staff and as incorporated in the President's budget for fiscal year 1992, as submitted to Congress in February 1991, and that assumed the following force structure:

   Inserted: "(A) For the Department of Defense, 1,600,000 members of the Armed Forces on active duty and 900,000 members in an active status in the reserve components.

   Inserted: "(B) For the Army, 12 active divisions, six National Guard divisions, and two cadre divisions or their equivalents.

   Inserted: "(C) For the Navy, 12 aircraft carrier battle groups or their equivalents and 451 naval vessels, including 85 attack submarines.

   Inserted: "(D) For the Marine Corps, three active and one Reserve divisions and three active and one Reserve air wings.

   Inserted: "(E) For the Air Force, 15 active fighter wings and 11 National Guard fighter wings or their equivalents.".

   Inserted: (b) Preparation of List of Military Installations Excluded From Consideration in 2005 Round.--Section 2913 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) is amended by adding at the end the following new subsections:

   Inserted: "(g) Base Exclusion Criteria.--In preparing the selection criteria required by this section that will be used in making recommendations for the closure or realignment of military installations inside the United States, the Secretary shall ensure that the final criteria reflect the requirement to develop a list of those military installations to be excluded from the base closure and realignment process, as provided in subsection (h).

   Inserted: "(h) List of Installations Excluded From Consideration for Closure or Realignment.--(1) Before preparing the list required by section 2914(a) of the military installations inside the United States that the Secretary recommends for closure or realignment, the Secretary shall prepare a list of core military installations that the Secretary considers absolutely essential to the national defense and that should not be considered for closure.

   Inserted: "(2) Not later than April 1, 2005, the Secretary shall submit to the congressional defense committees, publish in the Federal Register, and send to the Commission the list required by paragraph (1). The list shall contain at least 50 percent of the total number of military installations located inside the United States as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2004.

   Inserted: "(3) The Commission shall consider the list based on the final criteria developed under subsection (e). The Commission may modify this list, in the manner provided in section 2903(d) and section 2914(d), if the Commission finds that the inclusion of a military installation on the list substantially violates the criteria. The Commission shall forward to the President, not later than April 30, 2004, a report containing its recommendations regarding the list, which must comply with the percentages specified in paragraph (2). The Comptroller General shall also comply with section 2904(d)(5) by that date.

   Inserted: "(4) If the Commission submits a report to the President under paragraph (3), the President shall notify Congress, not later than May 10, 2005, regarding whether the President approves or disapproves the report. If the President disapproves the report, the Commission shall be dissolved, and the process by which military installations may be selected for closure or realignment under this part in 2005 shall be terminated.

   Inserted: "(5) A military installation included on the exclusion list approved under this subsection may not be included on the closure and realignment list prepared under section 2914(a) or otherwise considered for closure or realignment as part of the base closure process in 2005.".

   Inserted: SEC. 2816. USE OF FORCE-STRUCTURE PLAN FOR ARMED FORCES IN PREPARATION OF SELECTION CRITERIA FOR BASE CLOSURE ROUND.

   Inserted: Section 2913(a) 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) is amended by adding at the end the following new paragraph:

   Inserted: "(3) Use of force-structure plan.--In preparing the proposed and final criteria to be used by the Secretary in making recommendations under section 2914 for the closure or realignment of military installations inside the United States, the Secretary shall use the force-structure plan for the Armed Forces prepared under section 2912(a)."

   Original wording

   At the end of subtitle B of title XXVIII, add the following:

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As printed