S.Amdt. 2952Senate112th Congress (2011-2013)

S.Amdt. 2952

What it does: Replaces “section 2687” through page 543, line 2 with new text
Submitted November 27, 2012

What it changes

1 change to S. 3254

Replaces text
  1. Replaces “section 2687” through page 543, line 2 with new text

    ReplacesPage 542, line 12 through page 543, line 2Printed page

    Struck: section 2687 …

    Inserted: section 2687 and section 993 of title 10, United States Code, and closures of military installations that are not covered by such requirements.

    Inserted: (b) One-year Moratorium on Certain Actions Resulting in Personnel Reductions.--

    Inserted: (1) In general.--Except as provided in paragraph (2), no action may be taken before October 1, 2013, that would result in a military installation covered under paragraph (1) of section 2687(a) or section 993 of title 10, United States Code, to no longer be covered by such paragraph (1) or such section 993.

    Inserted: (2) National security waiver.--The Secretary of Defense may waive the prohibition under paragraph (1) if the Secretary certifies to the congressional defense committees that is in the national security interests of the United States.

    Inserted: (c) Modification of Notice Requirements in Advance of Permanent Reduction of Sizable Numbers of Members of the Armed Forces at Military Installations.--

    Inserted: (1) Calculation of number of affected members.--Subsection (a) of section 993 of title 10, United States Code, is amended by adding at the end the following new sentence: "In calculating the number of members to be reduced, the Secretary shall take into consideration both direct reductions and indirect reductions.".

    Inserted: (2) Notice requirements.--Subsection (b) of such section is amended by striking paragraphs (1) through (3) and inserting the following new paragraphs:

    Inserted: "(1) the Secretary of Defense or the Secretary of the military department concerned--

    Inserted: "(A) submits to Congress a notice of the proposed reduction and the number of military and civilian personnel assignments affected, including reductions in base operations support services and personnel to occur because of the proposed reduction; and

    Inserted: "(B) includes in the notice a justification for the reduction and an evaluation of the costs and benefits of the reduction and of the local economic, environmental, strategic, and operational consequences of the reduction; and

    Inserted: "(2) a period of 90 days expires following the day on which the notice is submitted to Congress.".

    Inserted: (3) Time and form of submission of notice.--Such section is further amended--

    Show 9 more inserted paragraphs

    Inserted: (A) by redesignating subsection (c) as subsection (d); and

    Inserted: (B) by inserting after subsection (b) the following new subsection:

    Inserted: "(c) Time and Form of Submission of Notice.--The notice required by subsections (a) and (b) may be submitted to Congress only as part of the budget justification materials submitted by the Secretary of Defense to Congress in support of the budget for a fiscal year submitted under section 1105 of title 31.".

    Inserted: (4) Definitions.--Such section is further amended by adding at the end the following new subsection:

    Inserted: "(e) Definitions.--In this section:

    Inserted: "(1) The term 'direct reduction' means a reduction involving one or more members of a unit.

    Inserted: "(2) The term 'indirect reduction' means subsequent planned reductions or relocations in base operations support services and personnel able to occur due to the direct reductions.

    Inserted: "(3) 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.

    Inserted: "(4) The term 'unit' means a unit of the armed forces at the battalion, squadron, or an equivalent level (or a higher level).".

    Original wording

    On page 542, beginning on line 12, strike “section 2687” and all that follows through page 543, line 2, and insert the following: “section 2687 and section 993 of title 10, United States Code, and closures of military installations that are not covered by such requirements.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2952. Mr. BEGICH (for himself, Mr. Casey, and Mrs. Gillibrand) submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 542, beginning on line 12, strike “section 2687” and all that follows through page 543, line 2, and insert the following: “section 2687 and section 993 of title 10, United States Code, and closures of military installations that are not covered by such requirements.

(b) One-year Moratorium on Certain Actions Resulting in Personnel Reductions.--

(1) In general.--Except as provided in paragraph (2), no action may be taken before October 1, 2013, that would result in a military installation covered under paragraph (1) of section 2687(a) or section 993 of title 10, United States Code, to no longer be covered by such paragraph (1) or such section 993.

(2) National security waiver.--The Secretary of Defense may waive the prohibition under paragraph (1) if the Secretary certifies to the congressional defense committees that is in the national security interests of the United States.

(c) Modification of Notice Requirements in Advance of Permanent Reduction of Sizable Numbers of Members of the Armed Forces at Military Installations.--

(1) Calculation of number of affected members.--Subsection (a) of section 993 of title 10, United States Code, is amended by adding at the end the following new sentence: “In calculating the number of members to be reduced, the Secretary shall take into consideration both direct reductions and indirect reductions.”.

(2) Notice requirements.--Subsection (b) of such section is amended by striking paragraphs (1) through (3) and inserting the following new paragraphs:

“(1) the Secretary of Defense or the Secretary of the military department concerned--

“(A) submits to Congress a notice of the proposed reduction and the number of military and civilian personnel assignments affected, including reductions in base operations support services and personnel to occur because of the proposed reduction; and

“(B) includes in the notice a justification for the reduction and an evaluation of the costs and benefits of the reduction and of the local economic, environmental, strategic, and operational consequences of the reduction; and

“(2) a period of 90 days expires following the day on which the notice is submitted to Congress.”.

(3) Time and form of submission of notice.--Such section is further amended--

(A) by redesignating subsection (c) as subsection (d); and

(B) by inserting after subsection (b) the following new subsection:

“(c) Time and Form of Submission of Notice.--The notice required by subsections (a) and (b) may be submitted to Congress only as part of the budget justification materials submitted by the Secretary of Defense to Congress in support of the budget for a fiscal year submitted under section 1105 of title 31.”.

(4) Definitions.--Such section is further amended by adding at the end the following new subsection:

“(e) Definitions.--In this section:

“(1) The term ‘direct reduction' means a reduction involving one or more members of a unit.

“(2) The term ‘indirect reduction' means subsequent planned reductions or relocations in base operations support services and personnel able to occur due to the direct reductions.

“(3) 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.

“(4) The term ‘unit' means a unit of the armed forces at the battalion, squadron, or an equivalent level (or a higher level).”.

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Senate amendment submitted

November 27, 2012