ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

10 U.S.C. § 483 — Notifications related to basing decision-making process

submitted 5 years ago by Pub. L. 116-283 to r/title-10-ARMED-FORCES · 1,131 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must tell Congress about decisions to build or move a major military base, headquarters, or unit. Notices go out at set points in the decision process and must explain how the choice was made. No final action can happen until 14 days after the last notice, and the Secretary must report yearly.

(a) Notification Required. At each decision point listed in subsection (b), the Secretary concerned must notify the congressional defense committees which decision-making process will be, or was, used — to (1) select a military installation to be the first permanent location for a new major headquarters, covered military unit, or major weapon system; or (2) permanently move a major headquarters, covered military unit, or major weapon system from its current installation to a different one.

(b) Deadlines for Submission of Notice. The Secretary concerned must provide the notice within 7 days after each of these decision points: (1) when the Secretary issues formal internal guidance to begin the decision-making process for locating or relocating a major headquarters, covered military unit, or major weapon system; (2) when the Secretary narrows the field to between two and five candidate installations for further analysis; and (3) when the Secretary selects one specific installation as the preferred location.

(c) Required Elements of Notification. Each notice must include, at minimum: (1) a description of how joint and all-domain training capabilities at each candidate location — where relevant to that type of decision — will be, or were, compared, separately from and in addition to the mission criteria used to make the decision; (2) a description of how airspace and training areas at each candidate location — where relevant — will be, or were, compared; (3) a description of how community support for the decision will be, or was, compared among candidate locations, including consultation with appropriate state and local officials about matters like transportation, utility infrastructure, housing, education, and family support — and, if the preferred location has less community support than other candidates, an explanation of the operational reasons for choosing it anyway; (4) an explanation of how each candidate location will be, or was, scored against these factors, including how much weight each factor received; (5) a summary of any internal score cards used to make the decision; and (6) for any decision that would significantly increase the number of service members assigned to an installation, a description of consultation with appropriate state and local officials about matters like transportation, utility infrastructure, housing, education, and family support activities.

(d) Notice and Wait Requirements. No irrevocable action to carry out a basing decision made under subsection (a) may be taken until 14 days after the Secretary concerned submits, electronically under section 480 of this title, the notice required by subsection (b)(3) about the preferred location.

(e) Annual Reporting Requirement. (1) Report required. Within 10 days after the President submits the budget request for a fiscal year under section 1105 of title 31, the Secretary concerned must submit to the House and Senate Committees on Armed Services a report giving: (A) an update on the status and expected completion date of every location or relocation decision-making process begun or underway during the previous two fiscal years; (B) a list and description of expected basing decisions over the period covered by the future-years defense plan; and (C) a timeline for briefing the Armed Services Committees during the decision-making process and for notifying interested Members of Congress of decisions. (2) Elements of report. To satisfy paragraph (1)(B), the report must include, at minimum: (A) an estimate of how many service members and civilian personnel the basing decision could affect; (B) the locations under consideration, if already known; and (C) the expected timeline for beginning the decision-making process and reaching a final decision.

(f) Definitions. (1) "Covered military unit" means a unit of the armed forces whose initial assignment to, or relocation from, a military installation requires an environmental impact statement under the National Environmental Policy Act of 1969. (2) "Major headquarters" means the headquarters of a military unit or command led by a general officer or flag officer. (3) "Major weapon system" means a weapon system treatable as a "major system" under section 3041(a) and (b) of this title. (4) "Military installation" means a base, camp, post, station, yard, center, homeport facility for a ship, or other Department of Defense activity, including a leased facility — but not a facility used mainly for civil works, rivers and harbors projects, or flood control projects. (5) "Secretary concerned" means the Secretary of the relevant military department, and, for matters concerning the Defense Agencies and the Joint Staff, the Secretary of Defense.

the actual law source: uscode.house.gov ↗public domain
(a)Notification Required.—

At each point in the decision-making process specified in subsection (b), the Secretary concerned shall notify the congressional defense committees of the decision-making process to be used or the decision-making process used, whichever applies—

(1)

to select a military installation to serve as the first permanent location for a new major headquarters, covered military unit, or major weapon system; or

(2)

to make a permanent change in the basing of a major headquarters, covered military unit, or major weapon system by relocating the major headquarters, covered military unit, or major weapon system from its current military installation to a different military installation.

(b)Deadlines for Submission of Notice.—

The Secretary concerned shall provide the notice required by subsection (a) within seven days after each of the following decision points during the decision-making process:

(1)

When the Secretary concerned issues any formal internal guidance to begin the decision-making process regarding the location or relocation of a major headquarters, covered military unit, or major weapon system.

(2)

When the Secretary concerned selects between two and five military installations as the most likely candidate locations for a major headquarters, covered military unit, or major weapon system in order to subject those installations to additional analysis.

(3)

When the Secretary concerned selects a specific military installation as the preferred location for the major headquarters, covered military unit, or major weapon system.

(c)Required Elements of Notification.—

In a notice required by subsection (a), the Secretary concerned shall include at a minimum the following:

(1)

A description of the manner in which the joint and all-domain training capabilities at each candidate location, if applicable to the type of basing decision-making process at issue, will be or was, whichever applies, comparatively analyzed among candidate military installations, separate from and in addition to the mission criteria to be used or that was used to make the basing decision.

(2)

A description of the manner in which the airspace and training areas available at each candidate location, if applicable to the type of basing decision-making process at issue, will be or was, whichever applies, comparatively analyzed among candidate military installations, separate from and in addition to the mission criteria to be used or that was used to make the basing decision.

(3)

A description of the manner in which community support for the basing decision-making process described in subsection (a) will be or was, whichever applies, comparatively analyzed among candidate military installations, including consultation with appropriate State officials and officials of units of local government in which each installation is located regarding matters affecting the local community, such as transportation, utility infrastructure, housing, education, and family support activities. In any case in which the Secretary concerned selects as the preferred location a military installation with less community support compared to other locations, as indicated by such a comparative analysis, an explanation of the operational considerations that formed the basis for such selection.

(4)

An explanation of how each candidate location will be or was, whichever applies, scored against the factors referred to in the preceding paragraphs, including the weight assigned to each factor.

(5)

A summary of any internal score cards that will be or were, whichever applies, used to make the basing decision.

(6)

With respect to any decision of the Secretary concerned that would result in a significant increase in the number of members of the Armed Forces assigned to a military installation, a description of the consultation with appropriate State and local entities regarding the basing decision to ensure consideration of matters affecting the local community, including requirements for transportation, utility infrastructure, housing, education, and family support activities.

(d)Notice and Wait Requirements.—

No irrevocable action may be taken to effect or implement a basing decision reached through the decision-making process described in subsection (a) until the end of the 14-day period beginning on the date on which the Secretary concerned submits, in an electronic medium pursuant to section 480 of this title, the notice referred to in subsection (b)(3) regarding a preferred location for the major headquarters, covered military unit, or major weapon system.

(e)Annual Reporting Requirement.—
(1)Report required.—

Not later than 10 days after the date on which the budget request for a fiscal year is submitted to Congress under section 1105 of title 31, the Secretary concerned shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report providing the following:

(A)

An update on the status and anticipated completion date of each decision-making process that was commenced or was underway during the previous two fiscal years regarding the location or relocation of a major headquarters, covered military unit, or major weapon system.

(B)

A list and description of anticipated basing decisions to be made regarding the location or relocation of a major headquarters, covered military unit, or major weapon system over the period covered by the future-years defense plan.

(C)

A timeline for a congressional engagement plan to brief the Committees on Armed Services of the House of Representatives and the Senate during the decision-making process and when decision notifications would be provided to interested Members of Congress.

(2)Elements of report.—

To satisfy the requirements of paragraph (1)(B), a report under this subsection shall include at a minimum the following:

(A)

An estimate of the number of members of the armed forces and civilian personnel potentially impacted by the basing decision.

(B)

The locations to be considered, if already known.

(C)

The expected timeline for beginning the decision-making process and reaching a final determination.

(f)Definitions.—

In this section:

(1)

The term “covered military unit” means a unit of the armed forces whose initial assignment to a military installation or relocation from a military installation to a different military installation requires the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2)

The term “major headquarters” means the headquarters of a military unit or command that is the appropriate command of a general officer or flag officer.

(3)

The term “major weapon system” means a weapon system that is treatable as a major system under section 3041(a) and (b) of this title.

(4)

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. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

(5)

The term “Secretary concerned” means—

(A)

the Secretary of the military department concerned; and

(B)

the Secretary of Defense with respect to matters concerning the Defense Agencies and the Joint Staff.

Source credit: (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), div. B, title XXVIII, § 2871(b), Jan. 1, 2021, 134 Stat. 4294, 4363; Pub. L. 117–81, div. A, title X, § 1081(a)(10), Dec. 27, 2021, 135 Stat. 1920; Pub. L. 117–263, div. B, title XXVIII, § 2861, Dec. 23, 2022, 136 Stat. 3010; Pub. L. 118–159, div. B, title XXVIII, § 2801, Dec. 23, 2024, 138 Stat. 2247.)

history & why it existsrecord from the source credit
  • 2021Enacted · Pub. L. 116-283 · 134 Stat. 4294, 4363
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 1920
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 3010
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 2247

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-283 on 2021-01-01.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case