A bill to assist local communities with closed and active military bases, and for other purposes.

Summary: Defense Communities Assistance Act of 2009 - Expresses the sense of Congress on the necessity of assisting local communities coping with the impact of base closures and realignments and other military actions.

Extends permanently (under current law, terminated at the end of FY2008) the authority of the Secretary of the military department concerned to convey, for certain purposes, real property on a military installation determined to be excess to the needs of the Department of Defense (DOD).

Authorizes the Secretary concerned to contract for the procurement of municipal services for a U.S. military installation from a county, municipal government, or other local governmental unit in the area. Authorizes such Secretary to so contract using procedures other than competitive procedures, under certain conditions and after congressional notification.

Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 to extend through FY2020 a pilot program for the purchase of certain municipal services for military installations.

Amends the National Defense Authorization Act for Fiscal Year 1993 to broaden the indemnification provided to transferees of military properties.

Reinstates provisions of the Defense Base Closure and Realignment Act of 1990 which allow military departments to transfer surplus real and personal property at closed or realigned military installations without consideration to local redevelopment authorities when used for economic development purposes, without the requirement to assess the property's value.

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:
``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.