Amendments to that statute authorize the Secretaries of the military departments to carry out pilot programs to contract with a county or municipality for certain municipal services. The Secretary is authorized to enter into agreements to reimburse other entities for expenses they may incur in participating in the cleanup of a military installation under this program. Effect of the Proposed Amendment

This section of the proposed legislation would expand the scope of current law to allow the Secretary to enter into agreements for reimbursement of expenses that other entities may incur in "processing" a transfer of federal property, before or after cleanup is performed. The proposed language also is intended to prevent the Secretary from imposing certain conditions on the funding made available through a reimbursement agreement. If the Secretary enters into a reimbursement agreement with another entity, the Secretary would be required not to make the reimbursement conditional upon whether a state may take an enforcement action against the Department of Defense, or upon a state's willingness to enter into dispute resolution with the Department of Defense to avoid an enforcement action. Base Realignment and Closure (BRAC)15

On September 8, 2005, the Defense Base Closure and Realignment Commission submitted nearly 200 recommendations to President George W. Bush. President Bush approved the recommendations and, in accordance with the Defense Base Closure and Realignment Act of 1990 (DBCRA), as amended, the Secretary of Defense is putting into effect the entire list prior to September 15, 2011. 2295 would further amend the DBCRA to expand the indemnification (holding harmless) of persons who have taken title to property on closed military installations and to require the conveyance at no cost of surplus military property under certain conditions. The statute permits the Secretary to transfer the property to the redevelopment authority under this authority at no cost if the recipient agrees to utilize proceeds from the sale or lease of any portion of the transferred property "during at least the first seven years after the initial transfer to support the economic development of, or related to, the installation," and executes the agreement of transfer and accepts control of the property "within a reasonable time after the date of the property disposal record of decision or finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C. Under S. 590 / H.R. 1959 / H.R. Arguably, any agreements not concluded by the date of enactment of the bill would be subject to the new framework and would be eligible for transfer at no cost. Issues for Congress

Although the introductory sections of S. 590 and H.R. Are there advantages in broadening the Secretary of Defense's ability to reimburse agencies and organizations for military site cleanup activities to include expenses associated with "processing" of a conveyance of the property?
Several bills (S. 590, H.R. 1959, and H.R. 2295) that would modify or expand statutory authorities granted to senior executives of the Department of Defense (DOD) have been introduced to the 111th Congress. These authorities relate to the exchange of real property, the outsourcing of some military installation support services, and the reimbursement by DOD of some costs associated with military site cleanup. The proposed legislation would also amend the Defense Base Closure and Realignment Act of 1990, the BRAC law, to expand existing legal protections granted to those who have taken title to property at closed military bases and to set conditions under which future title transfers for surplus military property would be carried out at no cost to the recipient.
S. 590 and H.R. 2295 are identical. If enacted, these bills would render permanent an expired authority held by the Secretary of Defense (or the Secretary of a military department) to exchange any defense real property for real property held by non-DOD entities if the exchange will limit encroachment on military activities or will relieve a shortage of military housing. They would also expand and make permanent a limited pilot program that allows certain services currently performed at military installations by DOD employees or private contractors to be non-competitively outsourced to municipal or county governments.
Another section in the bills would expand the authority of the Secretary of Defense to enter into a cost-reimbursement agreement for the cleanup of a military site. Current law permits agreements that reimburse federal, state, and local agencies and other entities for certain costs incurred by participation in a cleanup program. The bill would allow reimbursement agreements to include costs incurred in the "processing" of a transfer of title of federal property and would prevent the Secretary from imposing certain conditions on the funding made available.
The remaining sections of the bills would amend the Defense Base Closure and Realignment Act of 1990, the so-called BRAC law. They would expand the legal protections available to persons who have taken title to property on closed military bases and would require the conveyance of surplus military property at no cost if certain conditions are met.
This report analyzes the key provisions of the legislation, identifies probable effects of the proposed amendments to existing law, and suggests issues raised for congressional consideration.