I 

111TH CONGRESS 

1ST SESSION H. R. 2295 

To assist local communities with closed and active military bases, and for 

other purposes. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Defense Communities 

5 Assistance Act of 2009’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of the Congress, that as the Federal 

8 Government implements base closures and realignments, 

9 global repositioning, and grow the force initiatives, it is 

10 necessary to assist local communities coping with the imVerDate Nov 24 2008 00:30 May 09, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2295.IH H2295

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1 pact of these programs at both closed and active military 

2 installations. To aid communities to either recover quickly 

3 from closures or to accommodate growth associated with 

4 troop influxes, the Federal Government must provide as5 sistance to communities to effectively implement the var6 ious initiatives of the Department of Defense. 

7 SEC. 3. PERMANENT AUTHORITY TO CONVEY PROPERTY AT 

8 MILITARY INSTALLATIONS TO SUPPORT MILI9 TARY CONSTRUCTION AND AGREEMENTS TO 

10 LIMIT ENCROACHMENT. 

11 Section 2869(a)(3) of title 10, United States Code, 

12 is amended by striking ‘‘shall apply only during the pe13 riod’’ and all that follows through ‘‘September 30, 2008’’ 

14 and inserting ‘‘without limitation on duration’’. 

15 SEC. 4. EXTENSION OF AUTHORITY TO PURCHASE MUNIC16 IPAL SERVICES FOR MILITARY INSTALLA17 TIONS IN THE UNITED STATES. 

18 (a) PERMANENT AUTHORITY.—Chapter 146 of title 

19 10, United States Code, is amended by inserting after sec20 tion 2465 the following new section: 

21 ‘‘§ 2465a. Contracts for procurement of municipal 

22 services for military installations in the 

23 United States 

24 ‘‘(a) CONTRACT AUTHORITY.—Subject to section 

25 2465 of this title, the Secretary concerned may enter into 


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1 a contract for the procurement of municipal services de2 scribed in subsection (b) for a military installation in the 

3 United States from a county, municipal government, or 

4 other local governmental unit in the geographic area in 

5 which the installation is located. 

6 ‘‘(b) COVERED MUNICIPAL SERVICES.—The munic7 ipal services that may be procured for a military installa8 tion under the authority of this section are as follows: 

9 ‘‘(1) Refuse collection. 

10 ‘‘(2) Refuse disposal. 

11 ‘‘(3) Library services. 

12 ‘‘(4) Recreation services. 

13 ‘‘(5) Facility maintenance and repair. 

14 ‘‘(6) Utilities. 

15 ‘‘(c) EXCEPTION FROM COMPETITIVE PROCE16 DURES.—The Secretary concerned may enter into a con17 tract under subsection (a) using procedures other than 

18 competitive procedures if— 

19 ‘‘(1) the term of the proposed contract does not 

20 exceed 5 years; 

21 ‘‘(2) the Secretary determines that the price for 

22 the municipal services to be provided under the con23 tract is fair, reasonable, represents the least cost to 

24 the Federal Government, and, to the maximum ex25 tent practicable, takes into consideration the interVerDate Nov 24 2008 00:30 May 09, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2295.IH H2295

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1 ests of small business concerns (as that term is de2 fined in section 3(a) of the Small Business Act (15 

3 U.S.C. 632(a))); and 

4 ‘‘(3) the business case supporting the Sec5 retary’s determination under paragraph (2)— 

6 ‘‘(A) describes the availability, benefits, 

7 and drawbacks of alternative sources; and 

8 ‘‘(B) establishes that performance by the 

9 county or municipal government or other local 

10 governmental unit will not increase costs to the 

11 Federal Government, when compared to the 

12 cost of continued performance by the current 

13 provider of the services. 

14 ‘‘(d) LIMITATION ON DELEGATION.—The authority 

15 to make the determination described in subsection (c)(2) 

16 may not be delegated to a level lower than a Deputy As17 sistant Secretary for Installations and Environment, or 

18 another official of the Department of Defense at an equiv19 alent level. 

20 ‘‘(e) CONGRESSIONAL NOTIFICATION.—The Sec21 retary concerned may not enter into a contract under sub22 section (a) for the procurement of municipal services until 

23 the Secretary notifies the Committees on Armed Services 

24 of the Senate and the House of Representatives of the pro25 posed contract and a period of 14 days elapses from the 


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1 date the notification is received by the committees. The 

2 notification shall include a summary of the business case 

3 and an explanation of how the adverse impact, if any, on 

4 civilian employees of the Department of Defense will be 

5 minimized. 

6 ‘‘(f) GUIDANCE.—The Secretary of Defense shall 

7 issue guidance to address the implementation of this sec8 tion.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by inserting 

11 after the item relating to section 2465 the following new 

12 item: 

‘‘2465a. Contracts for purchase of municipal services for military installations 

in the United States.’’. 

13 (c) EXTENSION OF PILOT PROGRAM.—Section 325(f) 

14 of the Ronald W. Reagan National Defense Authorization 

15 Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 

16 2461 note) is amended by striking ‘‘September 30, 2010’’ 

17 and inserting ‘‘September 30, 2020’’. 

18 SEC. 5. REIMBURSABLE ACTIVITIES UNDER THE DEFENSE19 STATE MEMORANDUM OF AGREEMENT PRO20 GRAM. 

21 Section 2701(d)(1) of title 10, United States Code, 

22 is amended by inserting before the period at the end the 

23 following: ‘‘and the processing of property transfers before 

24 or after remediation, provided the Secretary shall not conVerDate Nov 24 2008 00:30 May 09, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2295.IH H2295

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1 dition funding based on the manner in which a State exer2 cises its enforcement authority, or its willingness to enter 

3 into dispute resolution prior to exercising that enforce4 ment authority.’’. 

5 SEC. 6. INDEMNIFICATION OF TRANSFEREES OF CLOSING 

6 DEFENSE PROPERTIES. 

7 Section 330(a)(1) of the National Defense Authoriza8 tion Act for Fiscal Year 1993 (Public Law 102–484; 10 

9 U.S.C. 2687 note), is amended by striking ‘‘cost or other 

10 fee’’ and all that follows through ‘‘contaminant,’’ and in11 serting ‘‘cost, statutory or regulatory requirement or 

12 order, or other cost, expense, or fee arising out of any such 

13 requirement or claim for personal injury, environmental 

14 remediation, or property damage (including death, illness, 

15 or loss of or damage to property or economic loss) that 

16 results from, or is in any manner predicated upon, the 

17 release or threatened release of any hazardous substance, 

18 pollutant, or contaminant’’. 

19 SEC. 7. REQUIREMENT FOR NO-COST ECONOMIC DEVELOP20 MENT CONVEYANCES. 

21 (a) REPEAL OF CERTAIN REQUIREMENTS.—Sub22 section (a) of section 3006 of the National Defense Au23 thorization Act for Fiscal Year 2002 (Public Law 107– 

24 107; 115 Stat. 1350), and the amendments made by that 

25 subsection, are hereby repealed. Effective as of the date 


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1 of the enactment of this Act, the provisions of section 

2 2905 of the Defense Base Closure and Realignment Act 

3 of 1990 (part A of title XXIX of Public Law 101–510; 

4 10 U.S.C. 2687 note) that were amended by section 

5 3006(a) of the National Defense Authorization Act for 

6 Fiscal Year 2002, as such provisions were in effect on De7 cember 27, 2001, are hereby revived. 

8 (b) REGULATIONS.—Not later than 60 days after the 

9 date of the enactment of this Act, the Secretary of Defense 

10 shall prescribe regulations to implement the provisions of 

11 section 2905 of the Defense Base Closure and Realign12 ment Act of 1990 revived by subsection (a) to ensure that 

13 the military departments transfer surplus real and per14 sonal property at closed or realigned military installations 

15 without consideration to local redevelopment authorities 

16 for economic development purposes, and without the re17 quirement to value such property. 

18 (c) REPORT.—Not later than 180 days after the date 

19 of the enactment of this Act, the Secretary of Defense 

20 shall submit to Congress a report on the status of current 

21 and anticipated economic development conveyances, pro22 jected job creation, community reinvestment, and progress 

23 made as a result of the enactment of this section. 

Æ 


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