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 Com-
mittee on Armed Services 
A BILL 
To assist local communities with closed and active military 
bases, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as 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 im-
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pact 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 as-
sistance to communities to effectively implement the var-
ious initiatives of the Department of Defense. 
SEC. 3. PERMANENT AUTHORITY TO CONVEY PROPERTY AT 
MILITARY INSTALLATIONS TO SUPPORT MILI-
TARY 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 pe-
riod’’ and all that follows through ‘‘September 30, 2008’’ 
and inserting ‘‘without limitation on duration’’. 
SEC. 4. EXTENSION OF AUTHORITY TO PURCHASE MUNIC-
IPAL SERVICES FOR MILITARY INSTALLA-
TIONS IN THE UNITED STATES. 
(a) PERMANENT AUTHORITY.—Chapter 146 of title 
10, United States Code, is amended by inserting after sec-
tion 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 
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a contract for the procurement of municipal services de-
scribed 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 munic-
ipal services that may be procured for a military installa-
tion 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
PROCE-
DURES.—The Secretary concerned may enter into a con-
tract 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 con-
tract is fair, reasonable, represents the least cost to 
the Federal Government, and, to the maximum ex-
tent practicable, takes into consideration the inter-
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ests of small business concerns (as that term is de-
fined in section 3(a) of the Small Business Act (15 
U.S.C. 632(a))); and 
‘‘(3) the business case supporting the Sec-
retary’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 As-
sistant Secretary for Installations and Environment, or 
another official of the Department of Defense at an equiv-
alent level. 
‘‘(e) CONGRESSIONAL
NOTIFICATION.—The Sec-
retary concerned may not enter into a contract under sub-
section (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 pro-
posed contract and a period of 14 days elapses from the 
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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 sec-
tion.’’. 
(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 PRO-
GRAM. 
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 con-
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dition funding based on the manner in which a State exer-
cises its enforcement authority, or its willingness to enter 
into dispute resolution prior to exercising that enforce-
ment authority.’’. 
SEC. 6. INDEMNIFICATION OF TRANSFEREES OF CLOSING 
DEFENSE PROPERTIES. 
Section 330(a)(1) of the National Defense Authoriza-
tion 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 in-
serting ‘‘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 DEVELOP-
MENT CONVEYANCES. 
(a) REPEAL
OF CERTAIN REQUIREMENTS.—Sub-
section (a) of section 3006 of the National Defense Au-
thorization 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 
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