[Congressional Record Volume 155, Number 44 (Thursday, March 12, 2009)]
[Senate]
[Pages S3082-S3084]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself and Mr. Pryor):
  S. 590. A bill to assist local communities with closed and active 
military bases, and for other purposes; to the Committee on Armed 
Services.
  Ms. SNOWE. Mr. President, I rise in support of legislation that 
Senator Pryor and I have introduced, the Defense Communities Assistance 
Act of 2009. As base communities nationwide struggle with a host of 
issues--from

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the tumultuous economy, to closures as a result of the latest Defense 
Base Closure and Realignment, BRAC, round, to an influx in service 
personnel--the Federal Government must provide assistance to its base 
communities to effectively implement the various initiatives of the 
Department of Defense and to spur economic growth. This legislation, 
which is supported by the Association of Defense Communities, ADC, 
seeks to accomplish that goal by providing immediate benefits to all 
base communities, for both closed and active military installations 
across the country.
  During even the best of economic times, the closure of a military 
base can devastate a local economy. Today, with our economy in a 
troubling recession, the outlook is even more grim, with communities 
facing overwhelming challenges in redeveloping a former military 
installation. For instance, the closure of the Naval Air Station 
Brunswick, NASB, in my home State of Maine will create profoundly 
negative economic consequences with an estimated loss of 6,500 jobs. 
Given these trying economic times, we must ensure that every effort is 
made to foster redevelopment in communities affected by base closures.
  There is no question that the negative effects of base closures are 
disproportionately and unfairly borne by the communities where bases 
have closed. At the same time, communities surrounding active bases 
must cope with realignments, global repositioning, and grow the force 
initiatives to accommodate service personnel influxes at their own 
expense. That is why this comprehensive measure includes key provisions 
to assist not only bases facing closure, but active base communities 
absorbing growth impacts.
  Accordingly, this legislation would grant permanent authority for the 
military departments to exchange real property deemed excess to the 
DOD, in return for the construction of new facilities, or to limit 
encroachments, at other active installations. This authority provides 
military departments with greater flexibility in real estate asset 
management and has previously only been available to property on an 
installation that had been closed or realigned.
  In recent years, the Army has engaged in pilot programs at 
installations to procure municipal services, such as water and 
electricity, from a city or county government. These municipal service 
agreements have been successful, saving the Army several million 
dollars and providing significant benefits. In the National Defense 
Authorization Act for fiscal year 2008, this authority was extended to 
the other two military departments and allowed each service to purchase 
municipal services for three installations. This legislation builds on 
that success and greatly extends the military departments' authority to 
purchase, from a county government or other local government, municipal 
services for military installations across the country.
  Additionally, this bill would address the Defense State Memorandum of 
Agreement, DSMOA, program which was established to facilitate and fund 
State oversight of contaminated DOD sites, including BRAC sites. DOD 
has recently interpreted DSMOA in a manner that has severely impaired 
state budgets, which has in turn reduced State oversight at these 
sites. The Defense Communities Assistance Act would ensure that funding 
under DSMOA may be used for state BRAC property transfer activities 
while also preventing withholding DSMOA funds when States exercise 
their enforcement authority.
  Additionally, section 330 of the National Defense Authorization Act 
for fiscal year 1993 was originally adopted with the intention of 
protecting parties involved in base redevelopment from liability for 
undiscovered pre-existing pollution conditions at closed military 
installations. Regrettably, recent court decisions have been 
inconsistent in interpreting section 330 creating uncertainty that has 
left base closure property holders with difficulty in obtaining 
environmental insurance among other problems. This bill provides vital 
clarification to ensure the original intention of protecting parties 
involved in base redevelopment from unnecessary liability at closed 
military installations.
  Furthermore, the national economic problems that our country 
currently faces demand swift and efficient action to avert a deeper and 
more intractable recession. That is why this legislation would repeal 
section 3006 of the National Defense Authorization Act for fiscal year 
2002, thereby encouraging the Secretary of Defense to provide no-cost 
Economic Development Conveyances, EDCs, to base communities as a 
preferred property disposal mechanism. This provision would help to 
spur job generation and economic development immediately.
  As a result of five BRAC rounds, hundreds of military installations 
have been decommissioned or downsized with the expectation that the 
properties would be available for local reuse and economic development. 
At the same time, an inconsistent and time consuming transfer process 
by the military departments has left thousands of acres of former 
installation property in Federal ownership, with the fallow acreage 
hampering the host community's economic recovery. There is tremendous 
risk that in the current economic climate, with property values at 
their lowest position in the past decade, these properties will sit 
fallow for years without the use of no-cost EDCs.
  This measure is stimulative in nature by getting property off the 
books of the Federal Government and into the hands of developers to be 
redeveloped quickly so that displaced workers in the community will 
once again become employed. Encouraging expedited free, or less than 
fair market value, property transfers would result in incentives for 
private investment, significant infrastructure and public benefits, and 
the potential generation of tens of thousands of jobs. That is why it 
is a responsible course of action for the Government to provide these 
communities with the tools and resources, such as no-cost EDCs, needed 
to recover from a closure.
  The timeframe and uncertainty of the BRAC transfer process is the 
single greatest obstacle to redevelopment of the underutilized lands. 
Expediting transfer of these former military bases would stimulate both 
private and public investment in infrastructure and redevelopment, 
resulting in job creation and economic development activity, the 
rebuilding of inadequate local infrastructure funded by the 
redevelopment project, and local, State, and Federal tax generation. 
Moreover, the Federal Government would be relieved of its property 
management responsibilities, saving hundreds of millions of dollars 
annually.
  I urge my colleagues to join Senator Pryor and me in support of this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 590

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

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

     SEC. 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.

     SEC. 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''.

     SEC. 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:

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     ``Sec. 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''.

     SEC. 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.''.

     SEC. 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''.

     SEC. 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.
                                 ______