DEFENSE BASE CLOSURE AND REALIGNMENT ACT OF 1990 AMENDMENTS.

SEC. 2821. DEFENSE BASE CLOSURE AND REALIGNMENT ACT OF 1990 AMENDMENTS. (a) Appointment of Commission.—Section 2902(c)(1) 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 subparagraph: “(C) If the President does not transmit to Congress the nominations for appointment to the Commission on or before the date specified for 1993 in clause (ii) of subparagraph (B) or for 1995 in clause (iii) of such subparagraph, the process by which military installations may be selected for closure or realignment under this part with respect to that year shall be terminated.”. (b) Employment of Staff by Commission.—Section 2902(i) of such Act is amended— (1) in paragraph (3)— (A) by inserting “(A)” after “(3)”; and (B) by adding at the end the following new subparagraphs: “(B) (i) Not more than one-fifth of the professional analysts of the Commission staff may be persons detailed from the Department of Defense to the Commission. “(ii) No person detailed from the Department of Defense to the Commission may be assigned as the lead professional analyst with respect to a military department or defense agency. “(C) A person may not be detailed from the Department of Defense to the Commission if, within 12 months before the detail is to begin, that person participated personally and substantially in any matter within the Department of Defense concerning the preparation of recommendations for closures or realignments of military installations. “(D) No member of the Armed Forces, and no officer or employee of the Department of Defense, may— “(i) prepare any report concerning the effectiveness, fitness, or efficiency of the performance on the staff of the Commission of any person detailed from the Department of Defense to that staff; “(ii) review the preparation of such a report; or “(iii) approve or disapprove such a report.”; and (2) by adding at the end the following new paragraph: “(6) The following restrictions relating to the personnel of the Commission shall apply during 1992 and 1994: “(A) There may not be more than 15 persons on the staff at any one time. “(B) The staff may perform only such functions as are necessary to prepare for the transition to new membership on the Commission in the following year. “(C) No member of the Armed Forces and no employee of the Department of Defense may serve on the staff.”. (c) Prohibition Against Restricting Communications With the Commission.—Section 2902 of such Act is amended by adding at the end the following new subsection: “(m) Prohibition Against Restricting Communications.—Section 1034 of title 10, United States Code, shall apply with respect to communications with the Commission.”. 105 STAT. 1545 (d) Date for Completion of Selection Criteria.—Section 2903(b)(2)(B) of such Act is amended— (1) by striking out “February 15” in the first sentence and inserting in lieu thereof “January 15”; and (2) by striking out “March 15” in the second sentence and inserting in lieu thereof “February 15”. (e) Department of Defense Recommendations.—Section 2903(c) of such Act is amended— (1) in paragraph (1), by striking out “April 15, 1993, and April 15, 1995,” and inserting in lieu thereof “March 15, 1993, and March 15, 1995,”; (2) in paragraph (4), by inserting at the end the following new sentence: “(4) In addition to making all information used by the Secretary to prepare the recommendations under this subsection available to Congress (including any committee or member of Congress), the Secretary shall also make such information available to the Commission and the Comptroller General of the United States.”; and (3) by inserting at the end the following new paragraphs: “(5)(A) Each person referred to in subparagraph (B), when submitting information to the Secretary of Defense or the Commission concerning the closure or realignment of a military installation, shall certify that such information is accurate and complete to the best of that person’s knowledge and belief. “(B) Subparagraph (A) applies to the following persons: “(i) The Secretaries of the military departments. “(ii) The heads of the Defense Agencies. “(iii) Each person who is in a position the duties of which include personal and substantial involvement in the preparation and submission of information and recommendations concerning the closure or realignment of military installations, as designated in regulations which the Secretary of Defense shall prescribe, regulations which the Secretary of each military department shall prescribe for personnel within that military department, or regulations which the head of each Defense Agency shall prescribe for personnel within that Defense Agency. “(6) In the case of any information provided to the Commission by a person described in paragraph (5)(B), the Commission shall submit that information to the Senate and the House of Representatives to be made available to the Members of the House concerned in accordance with the rules of that House. The information shall be submitted to the Senate and the House of Representatives within 24 hours after the submission of the information to the Commission. The Secretary of Defense shall prescribe regulations to ensure the compliance of the Commission with this paragraph.”. (f) Commission Recommendations.—Section 2903(d)(2) of such Act is amended— (1) in subparagraph (B), by striking out “In making” and inserting in lieu thereof “Subject to subparagraph (C), in making”; and (2) by adding at the end the following new subparagraphs: “(C) In the case of a change described in subparagraph (D) in the recommendations made by the Secretary, the Commission may make the change only if the Commission— “(i) makes the determination required by subparagraph (B); 105 STAT. 1546 “(ii) determines that the change is consistent with the force-structure plan and final criteria referred to in subsection (c)(1); “(iii) publishes a notice of the proposed change in the Federal Register not less than 30 days before transmitting its recommendations to the President pursuant to paragraph (2); and “(iv) conducts public hearings on the proposed change. “(D) Subparagraph (C) shall apply to a change by the Commission in the Secretary’s recommendations that would— “(i) add a military installation to the list of military installations recommended by the Secretary for closure; “(ii) add a military installation to the list of military installations recommended by the Secretary for realignment; or “(iii) increase the extent of a realignment of a particular military installation recommended by the Secretary.”. (g) Clarification of Congressional Consideration of Commission Report.—Section 2908(d) of such Act is amended in the first sentence by striking out “the resolution (but” and all that follows through “do so).” and inserting in lieu thereof the following: “the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred.”. (h) Military Installation Defined.—(1) Section 2910(4) of such Act is amended by inserting at the end the following new sentence: “Such term does not include any facility used primarily for civil works, rivers and harbors projects, flood control, or other projects not under the primary jurisdiction or control of the Department of Defense.”. (2) The amendment made by paragraph (1) shall take effect as of November 5, 1990, and shall apply as if it had been included in section 2910(4) of the Defense Base Closure and Realignment Act of 1990 on that date. (i) No Authority To Withhold Information.—Nothing in this section or in the Defense Base Closure and Realignment Act of 1990 shall be construed to authorize the withholding of information from Congress, any committee or subcommittee of Congress, or the Comptroller General of the United States.