I 111th CONGRESS 1st Session H. R. 2295 IN THE HOUSE OF REPRESENTATIVES May 7, 2009 Mr. Farr (for himself, Ms. Granger, Ms. Pingree of Maine, and Mr. Delahunt) introduced the following bill; which was referred to the Committee on Armed Services A BILL To assist local communities with closed and active military bases, and for other purposes.

1.

Short title

This Act may be cited as the Defense Communities Assistance Act of 2009.

2.

Sense of congress

It is the sense of the Congress, that as the Federal Government implements base closures and realignments, global repositioning, and grow the force initiatives, it is necessary to assist local communities coping with the impact of these programs at both closed and active military installations. To aid communities to either recover quickly from closures or to accommodate growth associated with troop influxes, the Federal Government must provide assistance to communities to effectively implement the various initiatives of the Department of Defense.

3.

Permanent authority to convey property at military installations to support military construction and agreements to limit encroachment

Section 2869(a)(3) of title 10, United States Code, is amended by striking shall apply only during the period and all that follows through September 30, 2008 and inserting without limitation on duration.

4.

Extension of authority to purchase municipal services for military installations in the United States

(a)

Permanent authority

Chapter 146 of title 10, United States Code, is amended by inserting after section 2465 the following new section:

2465a.

Contracts for procurement of municipal services for military installations in the United States

(a)

Contract authority

Subject to section 2465 of this title, the Secretary concerned may enter into a contract for the procurement of municipal services described in subsection (b) for a military installation in the United States from a county, municipal government, or other local governmental unit in the geographic area in which the installation is located. (b)

Covered municipal services

The municipal services that may be procured for a military installation under the authority of this section are as follows: (1)Refuse collection. (2)Refuse disposal. (3)Library services. (4)Recreation services. (5)Facility maintenance and repair. (6)Utilities. (c)

Exception from competitive procedures

The Secretary concerned may enter into a contract under subsection (a) using procedures other than competitive procedures if— (1)the term of the proposed contract does not exceed 5 years; (2)the Secretary determines that the price for the municipal services to be provided under the contract is fair, reasonable, represents the least cost to the Federal Government, and, to the maximum extent practicable, takes into consideration the interests of small business concerns (as that term is defined in section 3(a) of the Small Business Act (15 U.S.C. 632(a))); and (3)the business case supporting the Secretary’s determination under paragraph (2)— (A)describes the availability, benefits, and drawbacks of alternative sources; and (B)establishes that performance by the county or municipal government or other local governmental unit will not increase costs to the Federal Government, when compared to the cost of continued performance by the current provider of the services. (d)

Limitation on delegation

The authority to make the determination described in subsection (c)(2) may not be delegated to a level lower than a Deputy Assistant Secretary for Installations and Environment, or another official of the Department of Defense at an equivalent level. (e)

Congressional notification

The Secretary concerned may not enter into a contract under subsection (a) for the procurement of municipal services until the Secretary notifies the Committees on Armed Services of the Senate and the House of Representatives of the proposed contract and a period of 14 days elapses from the date the notification is received by the committees. The notification shall include a summary of the business case and an explanation of how the adverse impact, if any, on civilian employees of the Department of Defense will be minimized. (f)

Guidance

The Secretary of Defense shall issue guidance to address the implementation of this section.

. (b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2465 the following new item: 2465a. Contracts for purchase of municipal services for military installations in the United States. . (c)

Extension of pilot program

Section 325(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 2461 note) is amended by striking September 30, 2010 and inserting September 30, 2020.

5.

Reimbursable activities under the defense-State memorandum of agreement program

Section 2701(d)(1) of title 10, United States Code, is amended by inserting before the period at the end the following: and the processing of property transfers before or after remediation, provided the Secretary shall not condition funding based on the manner in which a State exercises its enforcement authority, or its willingness to enter into dispute resolution prior to exercising that enforcement authority..

6.

Indemnification of transferees of closing defense properties

Section 330(a)(1) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2687 note), is amended by striking cost or other fee and all that follows through contaminant, and inserting cost, statutory or regulatory requirement or order, or other cost, expense, or fee arising out of any such requirement or claim for personal injury, environmental remediation, or property damage (including death, illness, or loss of or damage to property or economic loss) that results from, or is in any manner predicated upon, the release or threatened release of any hazardous substance, pollutant, or contaminant.

7.

Requirement for no-cost economic development conveyances

(a)

Repeal of certain requirements

Subsection (a) of section 3006 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1350), and the amendments made by that subsection, are hereby repealed. Effective as of the date of the enactment of this Act, the provisions of section 2905 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) that were amended by section 3006(a) of the National Defense Authorization Act for Fiscal Year 2002, as such provisions were in effect on December 27, 2001, are hereby revived. (b)

Regulations

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to implement the provisions of section 2905 of the Defense Base Closure and Realignment Act of 1990 revived by subsection (a) to ensure that the military departments transfer surplus real and personal property at closed or realigned military installations without consideration to local redevelopment authorities for economic development purposes, and without the requirement to value such property. (c)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the status of current and anticipated economic development conveyances, projected job creation, community reinvestment, and progress made as a result of the enactment of this section.