4010773 Resolution 19-638, "Walter Reed Army Medical Center Base Realignment and Closure Homeless Assistance Submission Congressional Review Emergency Declaration Resolution of 2012"

A RESOLUTION

19-638

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

October 16, 2012

 

To declare the existence of an emergency, due to Congressional review, with respect to the need to approve the Walter Reed Army Medical Center Base Realignment and Closure Homeless Assistance Submission to allow the District to submit it to the U.S. Department of Housing and Urban Development and the U.S. Department of Defense.

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Walter Reed Army Medical Center Base Realignment and Closure Homeless Assistance Submission Congressional Review Emergency Declaration Resolution of 2012”.

Sec. 2. (a)  The Walter Reed Army Medical Center site has been declared surplus property and closed by the U.S. Department of Defense pursuant to the procedures and authorities of the Base Closure Act.

(b)  Mayor’s Order No. 2006-21 designated the District of Columbia government as the Walter Reed Local Redevelopment Authority (“LRA”) and established the Walter Reed LRA Committee, charged with developing final recommendations for a Walter Reed Reuse Plan for the Mayor and the Council.

(c)  On January 25, 2012, the Walter Reed LRA Committee made final recommendations to the Mayor and Council on the Homeless Assistance Submission, which must be submitted to the federal government as part of the District’s efforts to acquire and redevelop the Walter Reed site. 

(d)  Proposed legislation to approve the Homeless Assistance Submission, including the Walter Reed Reuse Plan, the Walter Reed LRA Committee recommendations, and the Legally Binding Agreements, was submitted by the Mayor to Council on March 19, 2012, for review and approval. 

(e)  The Walter Reed Reuse Plan recommends homeless-assistance providers of affordable housing and support services subject to the Legally Binding Agreements.   Pursuant to the terms of the Legally Binding Agreements, the transfer of the portions of the Walter Reed Army Medical Center site to the homeless assistance providers is conditioned, among other things, on final approval of the Homeless Assistance Submission by the U.S. Department of Housing and Urban Development and the U.S. Department of the Army, which is a necessary step prior to conveyance of the Walter Reed site to the District.

(f)  The Walter Reed Reuse Plan also provides for the public benefit conveyance uses identified in a memorandum of agreement.  Pursuant to the terms of the memorandum of agreement, the conveyance of the portions of the Walter Reed Army Medical Center Site to the public benefit conveyance users is conditioned, among other things, on final approval of the Homeless Submission by the U.S. Department of Housing and Urban Development and the U.S. Department of the Army, which also is a necessary step prior to conveyance of the Walter Reed site to the District.

(g)  The U.S. Department of Defense, in a letter dated April 20, 2012, granted the District an extension, until August 14, 2012, to complete all actions required to finalize and submit the Homeless Assistance Submission for the Walter Reed Army Medical Center.

(h)   Council approval of the Homeless Assistance Submission is required prior to its submission to the U.S. Department of Housing and Urban Development and the U.S. Department of the Army. The District, as the Walter Reed LRA, cannot begin negotiations with the U.S. Department of the Army for transfer of the site unless and until the Homeless Assistance Submission has been submitted to and approved by the U.S. Department of Housing and Urban Development.

 (i)  In July the Council enacted the Walter Reed Army Medical Center Base Realignment and Closure Homeless Assistance Submission Emergency Approval Act of 2012, effective July 18, 2012 (D.C. Act 19-393; 59 DCR 8690) (“Emergency Act”).  The Emergency Act enabled the District to meet the August 14, 2012, deadline set by the U.S. Department of Defense and authorized the Mayor to transfer the real property and to amend or supplement the Walter Reed Reuse Plan, Homeless Submission, and Legally Binding Agreements based upon comments from the U.S. Department of Housing and Urban Development. The Emergency Act expires on October 16, 2012.

(j)  Permanent legislation, the Walter Reed Army Medical Center Base Realignment and Closure Homeless Assistance Submission Approval Act of 2012, signed by the Mayor on July 24, 2012 (D.C. Act 19-399; 59 DCR 9106) (“permanent legislation”), was transmitted to Congress on July 20, 2012, for the 30-day review period required by section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).   

(k)  The projected law date of the permanent legislation is November 13, 2012.  It is of vital importance that the provisions of the Emergency Act remain in effect, and that there is no gap in the Mayor’s authority to make amendments or to supplement the Reed Reuse Plan, Homeless Submission, and Legally Binding Agreements that were part of the Homeless Submission, until the permanent legislation is in place.

 

Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Walter Reed Army Medical Center Base Realignment and Closure Homeless Assistance Submission Congressional Review Emergency Approval Act of 2012 be adopted after a single reading.

 

Sec. 4.  This resolution shall take effect immediately.