Page:United States Statutes at Large Volume 115 Part 2.djvu/360

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115 STAT. 1344 PUBLIC LAW 107-107—DEC. 28, 2001 Deadline. Deadline. Federal Register, publication. nominations pursuant to section 2902(c) for the appointment of new members to the Defense Base Closure and ReaUgnment Commission. "(2) EFFECT OF FAILURE TO NOMINATE. — If the President does not transmit to the Senate the nominations for the Commission by March 15, 2005, the process by which mihtary installations may be selected for closure or realignment under this part in 2005 shall be terminated. "(3) MEMBERS. —Notwithstanding section 2902(c)(1), the Commission appointed under the authority of this subsection shall consist of nine members. "(4) TERMS; MEETINGS; TERMINATION.— Notwithstanding subsections (d), (e)(1), and (Z) of section 2902, the Commission appointed under the authority of this subsection shall meet during calendar year 2005 and shall terminate on April 15, 2006. "(5) FUNDING. —I f no funds are appropriated to the Commission by the end of the second session of the 108th Congress for the activities of the Commission in 2005, the Secretary may transfer to the Commission for purposes of its activities under this part in that yeau" such funds as the Commission may require to carry out such activities. The Secretary may transfer funds under the preceding sentence from any funds available to the Secretary. Funds so transferred shall remain available to the Commission for such purposes until expended.". SEC. 3002. SELECTION CRITERIA. The Defense Base Closure and Realignment Act of 1990 (part A of title XXDC of Public Law 101-510; 10 U.S.C. 2687 note) is amended by inserting after section 2912, as added by section 3001, the following new section: "SEC. 2913. SELECTION CRITERIA FOR 2005 ROUND. "(a) PREPARATION OF PROPOSED SELECTION CRITERL\. — "(1) IN GENERAL.—Not later than December 31, 2003, the Secretary shall publish in the Federal Register and transmit to the congressional defense committees the criteria proposed to be used by the Secretary in making recommendations for the closure or reedignment of military installations inside the United States under this part in 2005. "(2) PUBLIC COMMENT.—The Secretary shall provide an opportunity for public comment on the proposed criteria for a period of at least 30 days and shall include notice of that opportunity in the publication required under this subsection. "(b) MILITARY VALUE AS PRIMARY CONSIDERATION.—The selection criteria prepared by the Secretary shall ensure that military value is the primary consideration in the making of recommendations for the closure or realignment of military installations under this part in 2005. Military value shall include at a minimum the following: "(1) Preservation of training areas suitable for maneuver by ground, naval, or air forces to guarantee future availability of such areas to ensure the readiness of the Armed Forces. "(2) Preservation of military installations in the United States as staging areas for the use of the Armed Forces in homeland defense missions.