§ 993. Notification of permanent reduction of sizable numbers of members of the armed forces

(a)Notification.— The Secretary of Defense or the Secretary of the military department concerned shall notify Congress under subsection (b) of a plan to reduce more than 1,000 members of the armed forces assigned at a military installation. In calculating the number of members to be reduced, the Secretary shall take into consideration both direct reductions and indirect reductions.

(b)Notice Requirements.— No irrevocable action may be taken to effect or implement a reduction described under subsection (a) until—

(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, 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.

(c) Exceptions.—

(1)Base closure process.— Subsections (a) and (b) do not apply in the case of the realignment of a military installation pursuant to a base closure law.

(2)National security or emergency.— Subsections (a) and (b) do not apply if the President certifies to Congress that the reduction in military personnel at a military installation must be implemented for reasons of national security or a military emergency.

(d)Definitions.— In this section:

(1) 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.

(2) 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.

(Added Pub. L. 112–81, div. B, title XXVIII, § 2864(a), Dec. 31, 2011, 125 Stat. 1702; amended Pub. L. 112–239, div. B, title XXVIII, § 2851, Jan. 2, 2013, 126 Stat. 2159.)

Amendments

Amendments

2013—Subsec. (a). Pub. L. 112–239, § 2851(a), inserted at end “In calculating the number of members to be reduced, the Secretary shall take into consideration both direct reductions and indirect reductions.”

Subsec. (b)(1) to (3). Pub. L. 112–239, § 2851(b), added pars. (1) and (2) and struck out former pars. (1) to (3), which read as follows:

“(1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committees on Armed Services of the Senate and the House of Representatives of the proposed reduction and the number of personnel assignments affected;

“(2) submits a justification for the reduction and an evaluation of the local strategic and operational impact of such reduction; and

“(3) a period of 21 days has expired following submission of the notice and evaluation required under this subsection, or if sooner, a period of 14 days has expired following the date on which an electronic version of the notice and justification has been submitted to such committees.”

Subsec. (d). Pub. L. 112–239, § 2851(c), added subsec. (d).

Miscellaneous

Notification of Necessary Assessments or Studies

Pub. L. 113–66, div. A, title X, § 1074(b), Dec. 26, 2013, 127 Stat. 870, provided that: “The Secretary of the Army, when making a congressional notification in accordance with section 993 of title 10, United States Code, shall include the Secretary’s assessment of whether or not the changes covered by the notification require an Environmental Assessment or Environmental Impact Statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and, if an assessment or study is required, the plan for conducting such assessment or study.”