10 U.S.C. § 2391 — Military base reuse studies and commu-

Page 1911 TITLE 10—ARMED FORCES § 2391 with respect to such facility independent of any senior management official, senior officer, or director described in paragraph (2). (4) The facility meets all of the requirements to be granted a security clearance other than any requirement relating to the senior man- agement official of the company having an ap- propriate security clearance. (b) COVERED COMPANY.—In this section, the term ‘‘covered company’’ means a company that has entered into a contract or agreement with the Department of Defense, assists the Depart- ment, or requires a facility to process classified information. (Added Pub. L. 115–91, div. A, title XVI, § 1621(a), Dec. 12, 2017, 131 Stat. 1732, § 2410s; amended Pub. L. 115–232, div. A, title X, § 1081(a)(23), Aug. 13, 2018, 132 Stat. 1984; renumbered § 2388, Pub. L. 116–283, div. A, title XVIII, § 1882(b), Jan. 1, 2021, 134 Stat. 4293.) Editorial Notes PRIOR PROVISIONS A prior section 2388 was renumbered section 2922 of this title. AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2410s of this title as this section. 2018—Pub. L. 115–232 struck out period at end of sec- tion catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. § 2389. Ensuring safety regarding insensitive mu- nitions The Secretary of Defense shall ensure, to the extent practicable, that insensitive munitions under development or procurement are safe throughout development and fielding when sub- ject to unplanned stimuli. (Added Pub. L. 107–107, div. A, title VIII, § 834(a)(1), Dec. 28, 2001, 115 Stat. 1191.) Editorial Notes PRIOR PROVISIONS A prior section 2389, added Pub. L. 89–696, § 1(1), Oct. 19, 1966, 80 Stat. 1056; amended Pub. L. 100–370, § 1(h)(1), July 19, 1988, 102 Stat. 847, related to purchases from Commodity Credit Corporation and price adjustments for contracts for procurement of milk, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 821(a)(4), Nov. 30, 1993, 107 Stat. 1704. Statutory Notes and Related Subsidiaries REPORT REQUIREMENT Pub. L. 107–107, div. A, title VIII, § 834(b), Dec. 28, 2001, 115 Stat. 1191, directed the Secretary of Defense to sub- mit to committees of Congress a report on insensitive munitions at the same time that the budgets for fiscal years 2003 through 2005 were submitted. § 2390. Prohibition on the sale of certain defense articles from the stocks of the Department of Defense (a)(1) Except as provided in subsections (b) and (c), the sale outside the Department of Defense of any defense article designated or otherwise classified as Prepositioned Material Configured to Unit Sets, as decrement stock, or as Prepositioned War Reserve Stocks for United States Forces is prohibited. (2) In this section, the term ‘‘decrement stock’’ means such stock as is needed to bring the armed forces from a peacetime level of read- iness to a combat level of readiness. (b) The President may authorize the sale out- side the Department of Defense of a defense arti- cle described in subsection (a) if— (1) he determines that there is an inter- national crisis affecting the national security of the United States and the sale of such arti- cle is in the best interests of the United States; and (2) he reports to the Congress not later than 60 days after the transfer of such article a plan for the prompt replenishment of the stocks of such article and the planned budget request to begin implementation of that plan. (c)(1) Nothing in this section shall preclude the sale of stocks which have been designated for replacement, substitution, or elimination or which have been designated for sale to provide funds to procure higher priority stocks. (2) Nothing in this section shall preclude the transfer or sale of equipment to other members of the North Atlantic Treaty Organization. (Added Pub. L. 95–485, title VIII, § 815(a), Oct. 20, 1978, 92 Stat. 1625, § 975; amended Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; renumbered § 2390, Pub. L. 101–189, div. A, title XVI, § 1622(b)(1), Nov. 29, 1989, 103 Stat. 1604.) Editorial Notes PRIOR PROVISIONS A prior section 2390, added Pub. L. 95–79, title VIII, § 815(a), July 30, 1977, 91 Stat. 337; amended Pub. L. 96–470, title I, § 104(a), Oct. 19, 1980, 94 Stat. 2238; Pub. L. 96–513, title V, § 511(80), Dec. 12, 1980, 94 Stat. 2927, di- rected Secretary of Defense to request each commis- sioned officer, and each civilian employee above grade GS–12, who was scheduled for retirement and who was or had been at any time within one year prior to such scheduled retirement, assigned to, or employed in, military procurement to submit suggestions for meth- ods to improve procurement policies, prior to repeal by Pub. L. 98–94, title XII, § 1259(a), Sept. 24, 1983, 97 Stat. 703. AMENDMENTS 1989—Pub. L. 101–189 renumbered section 975 of this title as this section. 1987—Subsec. (a)(2). Pub. L. 100–26 inserted ‘‘the term’’ after ‘‘In this section,’’. § 2391. Military base reuse studies and commu- nity planning assistance (a) REUSE STUDIES.—Whenever the Secretary of Defense or the Secretary of the military de- partment concerned publicly announces that a military installation is a candidate for closure or that a final decision has been made to close Page 1912 TITLE 10—ARMED FORCES § 2391 a military installation and the Secretary of De- fense determines, because of the location, facili- ties, or other particular characteristics of the installation, that the installation may be suit- able for some specific Federal, State, or local use potentially beneficial to the Nation, the Secretary of Defense may conduct such studies, including the preparation of an environmental impact statement in accordance with the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in connection with such in- stallation and such potential use as may be nec- essary to provide information sufficient to make sound conclusions and recommendations regard- ing the possible use of the installation. (b) ADJUSTMENT AND DIVERSIFICATION ASSIST- ANCE.—(1) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds available under Federal pro- grams administered by agencies other than the Department of Defense in order to assist State and local governments in planning community adjustments and economic diversification re- quired (A) by the proposed or actual establish- ment, realignment, or closure of a military in- stallation, (B) by the cancellation or termi- nation of a Department of Defense contract or the failure to proceed with an approved major weapon system program, (C) by a publicly an- nounced planned major reduction in Department of Defense spending that would directly and ad- versely affect a community, (D) by the en- croachment of a civilian community on a mili- tary installation, (E) by threats to military in- stallation resilience, or (F) by the closure or the significantly reduced operations of a defense fa- cility as the result of the merger, acquisition, or consolidation of the defense contractor oper- ating the defense facility, if the Secretary deter- mines that an action described in clause (A), (B), (C), or (F) is likely to have a direct and signifi- cantly adverse consequence on the affected com- munity or, in the case of an action described in clause (D) or (E), if the Secretary determines that either the encroachment of the civilian community or threats to military installation resilience is likely to impair the continued oper- ational utility of the military installation. (2) In the case of the establishment or expan- sion of a military installation, assistance may be made under paragraph (1) only if (A) commu- nity impact assistance or special impact assist- ance is not otherwise available, and (B) the es- tablishment or expansion involves the assign- ment to the installation of (i) more than 2,000 military, civilian, and contractor Department of Defense personnel, or (ii) more military, civil- ian, and contractor Department of Defense per- sonnel than the number equal to 10 percent of the number of persons employed in counties or independent municipalities within fifteen miles of the installation, whichever is lesser. (3) In the case of a publicly announced planned reduction in Department of Defense spending, the closure or realignment of a military instal- lation, the cancellation or termination of a De- partment of Defense contract, or the failure to proceed with a previously approved major de- fense acquisition program, assistance may be made under paragraph (1) only if the reduction, closure or realignment, cancellation or termi- nation, or failure will have a direct and signifi- cant adverse impact on a community or its resi- dents. (4)(A) In the case of a State or local govern- ment eligible for assistance under paragraph (1), the Secretary of Defense may also make grants, conclude cooperative agreements, and supple- ment other Federal funds in order to assist the State or local government to carry out a com- munity adjustment and economic diversification program (including State industrial extension or modernization efforts to facilitate the economic diversification of defense contractors and sub- contractors) in addition to planning such a pro- gram. (B) The Secretary shall establish criteria for the selection of community adjustment and eco- nomic diversification programs to receive as- sistance under subparagraph (A). Such criteria shall include a requirement that the State or local government agree— (i) to provide not less than 10 percent of the funding for the program from non-Federal sources; (ii) to provide business planning and market exploration services under the program to de- fense contractors and subcontractors that seek modernization or diversification assist- ance; and (iii) to provide training, counseling, and placement services for members of the armed forces and dislocated defense workers. (C) The Secretary shall carry out this para- graph in coordination with the Secretary of Commerce. (5)(A) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to as- sist a State or local government in planning community adjustments and economic diver- sification even though the State or local govern- ment is not currently eligible for assistance under paragraph (1) if the Secretary determines that a substantial portion of the economic ac- tivity or population of the geographic area to be subject to the advance planning is dependent on defense expenditures. (B) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to as- sist a State or local government in enhancing its capacities— (i) to assist communities, businesses, and workers adversely affected by an action de- scribed in paragraph (1); (ii) to support local adjustment and diver- sification initiatives; (iii) to stimulate cooperation between state- wide and local adjustment and diversification efforts; and (iv) to support public infrastructure projects and services that enhance the capabilities and resilience of the defense industrial base and the defense industrial base workers, if the Sec- retary determines such support will improve operations of the Department of Defense. (C) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to as- sist a State or local government in enhancing Page 1913 TITLE 10—ARMED FORCES § 2391 the capabilities of the government to support ef- forts of the Department of Defense to privatize, contract for, or diversify the performance of military family support services in cases in which the capability of the Department to pro- vide such services is adversely affected by an ac- tion described in paragraph (1). (D) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds, in order to as- sist a State or local government in planning, en- hancing infrastructure, and implementing meas- ures and projects (to include resilience measures and projects involving the protection, restora- tion, and maintenance of natural features) that, as determined by the Secretary of Defense, will contribute to maintaining or improving mili- tary installation resilience or will prevent or mitigate encroachment that could affect oper- ations of the Department of Defense. (6) Funds provided to State and local govern- ments and regional organizations under this sec- tion may be used as part or all of any required non-Federal contribution to a Federal grant-in- aid program for the purposes stated in para- graph (1). (7) To the extent practicable, the Secretary of Defense shall inform a State or local govern- ment applying for assistance under this sub- section of the approval or rejection by the Sec- retary of the application for such assistance as follows: (A) Before the end of the 7-day period begin- ning on the date on which the Secretary re- ceives the application, in the case of an appli- cation for a planning grant. (B) Before the end of the 30-day period begin- ning on such date, in the case of an applica- tion for assistance to carry out a community adjustments and economic diversifications program. (8)(A) In attempting to complete consideration of applications within the time period specified in paragraph (7), the Secretary of Defense shall give priority to those applications requesting assistance for a community described in sub- section (f)(1). (B) If an application under paragraph (7) is re- jected by the Secretary, the Secretary shall promptly inform the State or local government of the reasons for the rejection of the applica- tion. (c) RESEARCH AND TECHNICAL ASSISTANCE.— The Secretary of Defense may make grants to, or conclude cooperative agreements or enter into contracts with, another Federal agency, a State or local government, or any private entity to conduct research and provide technical as- sistance in support of activities under this sec- tion or Executive Order 12788 (57 Fed. Reg. 2213), as amended by section 33 of Executive Order 13286 (68 Fed. Reg. 10625) and Executive Order 13378 (70 Fed. Reg. 28413). (d) DEFENSE COMMUNITY INFRASTRUCTURE PRO- GRAM.—(1)(A) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense to assist State gov- ernments, local governments, and not-for-profit, member-owned utility services to address defi- ciencies in community infrastructure supportive of a military installation. (B) The Secretary shall establish criteria for the selection of community infrastructure projects to receive assistance under this sub- section, including selection of community infra- structure projects in the following order of pri- ority: (i) Projects that will enhance military value at a military installation, taking into consid- eration the military value criteria originally developed by the Secretary in compliance with the amendment made by section 3002 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1344). (ii) Projects that will contribute to the training of cadets enrolled in an independent Reserve Officer Training Corps program at a covered educational institution. (iii) Projects that will enhance military in- stallation resilience, as defined in section 101 of this title. (iv) Projects that will enhance military fam- ily quality of life at a military installation, taking into consideration subsection (e)(4)(C). (2)(A) The criteria established for the selection of community infrastructure projects to receive assistance under this subsection shall include a requirement that, except as provided in subpara- graph (B), the recipient of such assistance agrees to contribute not less than 30 percent of the funding for the community infrastructure project. (B) If a proposed community infrastructure project will be carried out in a rural area or the Secretary of Defense determines that a proposed community infrastructure project is advan- tageous for reasons related to national security, the Secretary— (i) shall not penalize a State or local govern- ment for offering to make a contribution of 30 percent or less of the funding for the commu- nity infrastructure project; and (ii) may reduce the requirement for a State or local government contribution to 30 percent or less or waive the cost-sharing requirement entirely. (3) In selecting community infrastructure projects to receive assistance under this sub- section, the Secretary shall consider infrastruc- ture improvements identified in the report on strategic seaports required by section 3515 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1985). (4) Amounts appropriated or otherwise made available for assistance under paragraph (1) may remain available until expended. (e) DEFINITIONS.—In this section: (1) The terms ‘‘military installation’’ and ‘‘realignment’’ have the meanings given those terms in section 2687 of this title. For purposes of paragraphs (1)(D) and (E) and (5)(D) of sub- section (b) and subsection (d), the term ‘‘mili- tary installation’’ includes a military facility owned and operated by any of the several States, the District of Columbia, the Common- wealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, even Page 1914 TITLE 10—ARMED FORCES § 2391 though the facility is not under the jurisdic- tion of the Department of Defense, if the Sec- retary of Defense determines that the military facility is subject to significant use for train- ing by the armed forces. (2) The term ‘‘defense facility’’ means any private facility producing goods or services pursuant to a defense contract. (3) The terms ‘‘community adjustment’’ and ‘‘economic diversification’’ include the devel- opment of feasibility studies and business plans for market diversification within a com- munity adversely affected by an action de- scribed in clause (A), (B), (C), or (E) of sub- section (b)(1) by adversely affected businesses and labor organizations located in the commu- nity. (4)(A) The term ‘‘community infrastructure’’ means a project or facility described in sub- paragraph (B) that— (i) is located off of a military installation or on property under the jurisdiction of a Secretary of a military department that is subject to a real estate agreement (including a lease or easement); and (ii) is— (I) owned by a State or local govern- ment; or (II) a not-for-profit, member-owned util- ity service. (B) A project or facility described in this subparagraph is any of the following: (i) Any transportation project. (ii) A school, hospital, police, fire, emer- gency response, or other community support facility. (iii) A water, waste-water, telecommuni- cations, electric, gas, or other utility infra- structure project. (C) For the purposes of determining whether proposed community infrastructure will en- hance quality of life, the Secretary of Defense shall consider the impact of the community infrastructure on alleviating installation com- muter workforce issues and the benefit of schools or other local infrastructure located off of a military installation that will support members of the armed forces and their depend- ents residing in the community. (5) The term ‘‘rural area’’ means a city, town, or unincorporated area that has a popu- lation of not more than 100,000 inhabitants. (6) The term ‘‘covered educational institu- tion’’ means a college or university that is— (A) a part B institution, as defined in sec- tion 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); (B) an 1890 Institution, as defined in sec- tion 2 of the Agricultural Research, Exten- sion, and Education Reform Act of 1998 (7 U.S.C. 7601); (C) not affiliated with a consortium; and (D) located at least 40 miles from a major military installation. (f) ASSISTANCE SUBJECT TO APPROPRIATIONS.— The authority of the Secretary of Defense to make grants under this section in any fiscal year is subject to the availability of appropria- tions for that purpose. (Added Pub. L. 97–86, title IX, § 912(a)(1), Dec. 1, 1981, 95 Stat. 1122; amended Pub. L. 98–115, title VIII, § 808, Oct. 11, 1983, 97 Stat. 789; Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 100–456, div. B, title XXVIII, § 2805, Sept. 29, 1988, 102 Stat. 2116; Pub. L. 101–510, div. D, title XLI, § 4102(b), Nov. 5, 1990, 104 Stat. 1851; Pub. L. 102–25, title VII, § 701(j)(3), Apr. 6, 1991, 105 Stat. 116; Pub. L. 102–484, div. A, title X, § 1052(28), div. D, title XLIII, § 4301(a)–(c), Oct. 23, 1992, 106 Stat. 2500, 2696, 2697; Pub. L. 103–35, title II, § 202(a)(15), May 31, 1993, 107 Stat. 101; Pub. L. 103–160, div. B, title XXIX, § 2913, Nov. 30, 1993, 107 Stat. 1925; Pub. L. 103–337, div. A, title XI, §§ 1122(a), 1123(a), (b), Oct. 5, 1994, 108 Stat. 2870, 2871; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 104–201, div. B, title XXVIII, § 2814, Sept. 23, 1996, 110 Stat. 2790; Pub. L. 105–85, div. B, title XXVIII, § 2822, Nov. 18, 1997, 111 Stat. 1997; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107–314, div. A, title X, § 1041(a)(13), Dec. 2, 2002, 116 Stat. 2645; Pub. L. 109–163, div. B, title XXVIII, § 2832, Jan. 6, 2006, 119 Stat. 3520; Pub. L. 109–364, div. B, title XXVIII, §§ 2861, 2862, Oct. 17, 2006, 120 Stat. 2498; Pub. L. 110–417, div. B, title XXVIII, § 2823(b), Oct. 14, 2008, 122 Stat. 4730; Pub. L. 112–239, div. B, title XXVII, § 2712(c)(1), Jan. 2, 2013, 126 Stat. 2145; Pub. L. 115–232, div. B, title XXVIII, §§ 2805(f), 2861, Aug. 13, 2018, 132 Stat. 2263, 2282; Pub. L. 116–92, div. B, title XXVIII, § 2862, Dec. 20, 2019, 133 Stat. 1899; Pub. L. 116–283, div. B, title XXVIII, § 2882, Jan. 1, 2021, 134 Stat. 4369; Pub. L. 117–81, div. A, title III, § 313, Dec. 27, 2021, 135 Stat. 1629; Pub. L. 117–263, div. B, title XXVIII, §§ 2862–2864, Dec. 23, 2022, 136 Stat. 3010, 3011; Pub. L. 118–31, div. B, title XXVIII, § 2801, Dec. 22, 2023, 137 Stat. 743; Pub. L. 118–159, div. B, title XXVIII, §§ 2802, 2842, Dec. 23, 2024, 138 Stat. 2247, 2263.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. Executive Order 12788, referred to in subsec. (c), is set out below. The amendment made by section 3002 of the Military Construction Authorization Act for Fiscal Year 2002, referred to in subsec. (d)(1)(B)(i), is the amendment made by section 3002 of title XXX of div. B of Pub. L. 107–107, Dec. 28, 2001, 115 Stat. 1344, which amended the Defense Base Closure and Realignment Act of 1990 (Pub. L. 101–510, div. B, title XXIX, part A [§ 2901 et seq.], Nov. 5, 1990, 104 Stat. 1808, which is set out as a note under section 2687 of this title) by adding section 2912 of such Act. AMENDMENTS 2024—Subsec. (b)(5)(B). Pub. L. 118–159, § 2842(1), in- serted ‘‘or local government’’ after ‘‘a State’’ in intro- ductory provisions. Subsec. (b)(5)(B)(iv). Pub. L. 118–159, § 2842(2)–(4), added cl. (iv). Subsec. (d)(1)(A). Pub. L. 118–159, § 2802(a)(1), sub- stituted ‘‘State governments, local governments, and not-for-profit, member-owned utility services’’ for ‘‘State and local governments’’. Subsec. (d)(1)(B)(iii). Pub. L. 118–159, § 2802(b), sub- stituted ‘‘section 101 of this title’’ for ‘‘section 101(e)(8) of this title’’. Page 1915 TITLE 10—ARMED FORCES § 2391 Subsec. (d)(2)(A). Pub. L. 118–159, § 2802(a)(2), sub- stituted ‘‘the recipient of such assistance agrees’’ for ‘‘the State or local government agree’’. 2023—Subsec. (d). Pub. L. 118–31, § 2801(1), struck out ‘‘Pilot’’ before ‘‘Program’’ in heading. Subsec. (d)(5). Pub. L. 118–31, § 2801(2), struck out par. (5) which read as follows: ‘‘The authority under this subsection shall expire on September 30, 2028.’’ 2022—Subsec. (d)(1)(B)(ii) to (iv). Pub. L. 117–263, § 2862(1), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively. Subsec. (d)(3) to (5). Pub. L. 117–263, § 2863, added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Subsec. (e)(4)(A)(i). Pub. L. 117–263, § 2864, inserted ‘‘or on property under the jurisdiction of a Secretary of a military department that is subject to a real estate agreement (including a lease or easement)’’ after ‘‘in- stallation’’. Subsec. (e)(6). Pub. L. 117–263, § 2862(2), added par. (6). 2021—Subsec. (b)(5)(D). Pub. L. 117–81, § 313(1), added subpar. (D). Subsec. (d)(1). Pub. L. 116–283, § 2882(a), designated ex- isting provisions as subpar. (A), struck out ‘‘, if the Secretary determines that such assistance will enhance the military value, resilience, or military family qual- ity of life at such military installation’’ after ‘‘sup- portive of a military installation’’, and added subpar. (B). Subsec. (d)(2). Pub. L. 116–283, § 2882(b), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘The Secretary shall establish criteria for the se- lection of community infrastructure projects to receive assistance under paragraph (1). The criteria shall in- clude a requirement that the State or local government agree to contribute not less than 30 percent of the fund- ing for the community infrastructure project, unless the community infrastructure project is located in a rural area, or for reasons related to national security, in which case the Secretary may waive the requirement for a State or local government contribution.’’ Subsec. (d)(4). Pub. L. 116–283, § 2882(c), substituted ‘‘on September 30, 2028’’ for ‘‘upon the expiration of the 10-year period which begins on the date of the enact- ment of the National Defense Authorization Act for Fiscal Year 2019’’. Subsec. (e)(1). Pub. L. 117–81, § 313(2), substituted ‘‘paragraphs (1)(D) and (E) and (5)(D) of subsection (b) and subsection (d)’’ for ‘‘subsection (b)(1)(D)’’. Subsec. (e)(4)(C). Pub. L. 116–283, § 2882(d), added sub- par. (C). Subsec. (e)(5). Pub. L. 116–283, § 2882(e), substituted ‘‘100,000 inhabitants’’ for ‘‘50,000 inhabitants’’. 2019—Subsec. (e)(4). Pub. L. 116–92 amended par. (4) generally. Prior to amendment, text read as follows: ‘‘The term ‘community infrastructure’ means any transportation project; school, hospital, police, fire, emergency response, or other community support facil- ity; or water, waste-water, telecommunications, elec- tric, gas, or other utility infrastructure project that is located off of a military installation and owned by a State or local government.’’ 2018—Subsec. (b)(1). Pub. L. 115–232, § 2805(f), sub- stituted ‘‘, (E) by threats to military installation resil- ience, or (F) by the closure’’ for ‘‘, or (E) by the clo- sure’’, ‘‘(A), (B), (C), or (F)’’ for ‘‘(A), (B), (C), or (E)’’, and ‘‘action described in clause (D) or (E), if the Sec- retary determines that either the encroachment of the civilian community or threats to military installation resilience’’ for ‘‘action described in clause (D), if the Secretary determines that the encroachment of the ci- vilian community’’. Subsecs. (d), (e). Pub. L. 115–232, § 2861(1), (2), added subsec. (d) and redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(4), (5). Pub. L. 115–232, § 2861(3), added pars. (4) and (5). Subsec. (f). Pub. L. 115–232, § 2861(1), redesignated sub- sec. (e) as (f). 2013—Subsec. (d)(1). Pub. L. 112–239 substituted ‘‘sec- tion 2687’’ for ‘‘section 2687(e)’’. 2008—Subsec. (d)(1). Pub. L. 110–417 inserted ‘‘the Commonwealth of the Northern Mariana Islands,’’ after ‘‘Guam,’’. 2006—Subsec. (b)(3). Pub. L. 109–163, § 2832(a), sub- stituted ‘‘realignment of a military installation’’ for ‘‘significantly reduced operations of a defense facility’’, ‘‘closure or realignment, cancellation or’’ for ‘‘can- cellation,’’, and ‘‘community or its residents.’’ for ‘‘community and will result in the loss of— ‘‘(A) 2,500 or more employee positions, in the case of a Metropolitan Statistical Area or similar area (as defined by the Director of the Office of Management and Budget); ‘‘(B) 1,000 or more employee positions, in the case of a labor market area outside of a Metropolitan Statis- tical Area; or ‘‘(C) one percent of the total number of civilian jobs in that area.’’ Subsec. (c). Pub. L. 109–364, § 2861, added subsec. (c). Subsec. (d)(1). Pub. L. 109–364, § 2862, inserted at end ‘‘For purposes of subsection (b)(1)(D), the term ‘mili- tary installation’ includes a military facility owned and operated by any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Amer- ican Samoa, Guam, or the Virgin Islands, even though the facility is not under the jurisdiction of the Depart- ment of Defense, if the Secretary of Defense determines that the military facility is subject to significant use for training by the armed forces.’’ Pub. L. 109–163, § 2832(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The term ‘military installation’ means any camp, post, station, base, yard, or other installation under the jurisdiction of a military department that is located within any of the several States, the District of Columbia, the Com- monwealth of Puerto Rico, or Guam.’’ 2002—Subsec. (c). Pub. L. 107–314 struck out heading and text of subsec. (c). Text read as follows: ‘‘The Sec- retary of Defense shall submit a report not later than December 1 of each year to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives concerning the operation of this section during the preceding fiscal year. Each such report shall identify each State, unit of local government, and regional organization that re- ceived a grant under this section during such fiscal year and the total amount granted under this section during such year to each such State, unit of local gov- ernment, and regional organization.’’ 1999—Subsec. (c). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. 1997—Subsec. (b)(5)(C). Pub. L. 105–85 added subpar. (C). 1996—Subsec. (b)(5). Pub. L. 104–201 designated exist- ing provisions as subpar. (A) and added subpar. (B). Subsec. (c). Pub. L. 104–106 substituted ‘‘Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives’’ for ‘‘Committees on Armed Services of the Senate and House of Representatives’’. 1994—Subsec. (b)(5) to (7). Pub. L. 103–337, § 1123(a), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8). Subsec. (b)(8). Pub. L. 103–337, § 1123(a)(1), (b), redesig- nated par. (7) as (8) and substituted ‘‘paragraph (7)’’ for ‘‘paragraph (6)’’ in subpars. (A) and (B). Subsec. (d)(3). Pub. L. 103–337, § 1122(a), added par. (3). 1993—Subsec. (b)(1). Pub. L. 103–35 made technical amendment to directory language of Pub. L. 102–484, § 4301(b)(1)(C). See 1992 Amendment note below. Subsec. (b)(6), (7). Pub. L. 103–160 added pars. (6) and (7). 1992—Subsec. (a). Pub. L. 102–484, § 4301(c)(1), inserted heading. Subsec. (b). Pub. L. 102–484, § 4301(c)(2), inserted head- ing. Subsec. (b)(1). Pub. L. 102–484, § 4301(b)(1), as amended by Pub. L. 103–35, substituted ‘‘, (D)’’ for ‘‘, or (D)’’, Page 1916 TITLE 10—ARMED FORCES § 2391 substituted ‘‘(C), or (E)’’ for ‘‘or (C)’’, and inserted cl. (E) before first reference to ‘‘if the Secretary’’. Pub. L. 102–484, § 1052(28), substituted ‘‘publicly an- nounced’’ for ‘‘publicly-announced’’. Subsec. (b)(3). Pub. L. 102–484, § 4301(b)(2), inserted ‘‘the closure or significantly reduced operations of a defense facility,’’ after ‘‘Defense spending,’’ in intro- ductory provisions. Subsec. (b)(4), (5). Pub. L. 102–484, § 4301(a)(1), (2), added par. (4) and redesignated former par. (4) as (5). Subsec. (c). Pub. L. 102–484, § 4301(c)(3), inserted head- ing. Subsec. (d). Pub. L. 102–484, § 4301(b)(3), amended sub- sec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘In this section, the term ‘military installa- tion’ means any camp, post, station, base, yard, or other installation under the jurisdiction of a military department that is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or Guam.’’ Subsec. (e). Pub. L. 102–484, § 4301(c)(4), inserted head- ing. 1991—Subsec. (b)(3). Pub. L. 102–25 substituted ‘‘pub- licly announced’’ for ‘‘publicly-announced’’ and in- serted a comma after ‘‘only if the reduction’’. 1990—Subsec. (b)(3) to (6). Pub. L. 101–510 added par. (3), redesignated par. (5) as (4), and struck out former pars. (3), (4), and (6), which read as follows: ‘‘(3) In the case of the cancellation or termination of a Department of Defense contract or the failure to pro- ceed with an approved major weapon system program, assistance may be made under paragraph (1) only if the cancellation, termination, or failure to proceed in- volves the loss of 2,500 or more full-time Department of Defense and contractor employee positions in the local- ity of the affected community. ‘‘(4) In the case of a publicly-announced planned major reduction in Department of Defense spending that will directly and adversely affect a community, assistance may be made under paragraph (1) only if the publicly-announced planned major reduction will result in the loss of 1,000 or more full-time Department of De- fense and contractor employee positions over a five- year period in the locality of the affected community. ‘‘(6) Not more than $2,000,000 in assistance may be provided under this subsection in any fiscal year.’’ 1988—Subsec. (b)(1). Pub. L. 100–456, § 2805(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds made available under Federal programs adminis- tered by agencies other than the Department of De- fense in order to assist State and local governments, and regional organizations composed of State and local governments, in planning community adjustments re- quired (A) by the proposed or actual establishment, re- alignment, or closure of a military installation, or (B) by the cancellation or termination of a Department of Defense contract or the failure to proceed with an ap- proved major weapon system program, if the Secretary of Defense determines that the action is likely to im- pose a significant impact on the affected community.’’ Subsec. (b)(4) to (6). Pub. L. 100–456, § 2805(b), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. 1987—Subsec. (d). Pub. L. 100–26 inserted ‘‘the term’’ after ‘‘In this section,’’. 1983—Subsec. (b)(2). Pub. L. 98–115 substituted ‘‘2,000’’ for ‘‘2,500’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–35 applicable as if in- cluded in the enactment of Pub. L. 102–484, see section 202(b) of Pub. L. 103–35, set out as a note under section 155 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–456, div. B, title XXVII, § 2702, Sept. 29, 1988, 102 Stat. 2115, provided that: ‘‘Except as otherwise specifically provided, this division [amending this sec- tion and sections 2662, 2672, 2809, and 2828 of this title and enacting provisions set out as a note under this section] shall take effect on October 1, 1988, or the date of enactment of this Act [Sept. 29, 1988], whichever is later.’’ EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–115, title VIII, § 808, Oct. 11, 1983, 97 Stat. 789, provided that the amendment made by that section is effective Oct. 1, 1983. RESTRICTIONS ON USE OF FUNDS FOR DEVELOPMENT OF PUBLIC INFRASTRUCTURE IN COMMONWEALTH OF NORTHERN MARIANA ISLANDS Pub. L. 115–232, div. B, title XXVIII, § 2863, Aug. 13, 2018, 132 Stat. 2284, provided that: ‘‘(a) RESTRICTION.—If the Secretary of Defense deter- mines that any grant, cooperative agreement, transfer of funds to another Federal agency, or supplement of funds available under Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, replace- ment, renovation, conversion, improvement, expansion, acquisition, or construction) of public infrastructure in the Commonwealth of the Northern Mariana Islands (hereafter in this section referred to as the ‘Common- wealth’), the Secretary of Defense may not carry out such grant, transfer, cooperative agreement, or supple- mental funding unless such grant, transfer, cooperative agreement, or supplemental funding— ‘‘(1) is specifically authorized by law; and ‘‘(2) will be used to carry out a public infrastruc- ture project included in the report submitted under subsection (b). ‘‘(b) REPORT OF ECONOMIC ADJUSTMENT COMMITTEE.— ‘‘(1) CONVENING OF COMMITTEE.—Not later than 90 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary of Defense, as the chair of the Economic Adjustment Committee established in Ex- ecutive Order No. 127887 [probably should be Execu- tive Order No. 12788] (10 U.S.C. 2391 note), shall con- vene the Economic Adjustment Committee to con- sider assistance, including assistance to support pub- lic infrastructure projects, necessary to support changes in Department of Defense activities in the Commonwealth. ‘‘(2) REPORT.—Not later than 180 days after con- vening the Economic Adjustment Committee under paragraph (1), the Secretary shall submit to the con- gressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report— ‘‘(A) describing the results of the Economic Ad- justment Committee deliberations required by paragraph (1); and ‘‘(B) containing a description of any assistance the Committee determines to be necessary to sup- port changes in Department of Defense activities in the Commonwealth, including any public infra- structure projects the Committee determines should be carried out with such assistance. ‘‘(c) PUBLIC INFRASTRUCTURE DEFINED.—In this sec- tion, the term ‘public infrastructure’ means any util- ity, method of transportation, item of equipment, or fa- cility under the control of a public entity or State or local government that is used by, or constructed for the benefit of, the general public.’’ ADVANCE ADJUSTMENT PLANNING Pub. L. 102–484, div. D, title XLIII, § 4301(d), Oct. 23, 1992, 106 Stat. 2697, authorized Secretary of Defense, during fiscal year 1993, to make grants and other assist- ance available under 10 U.S.C. 2391(b) to assist a State or local government in planning community adjust- ments and economic diversification even though the State or local government currently failed to meet the criteria for assistance under such section if the Sec- retary determined that a substantial portion of the Page 1917 TITLE 10—ARMED FORCES § 2391 economic activity or population of the geographic area to be subjected to the adjustment or diversification planning was dependent on Department of Defense ex- penditures. EFFECT OF 1992 AMENDMENTS ON EFFORTS OF ECONOMIC DEVELOPMENT ADMINISTRATION Pub. L. 102–484, div. D, title XLIII, § 4301(f), Oct. 23, 1992, 106 Stat. 2698, provided that: ‘‘Nothing in this sec- tion [amending this section and enacting provisions set out as a note above] is intended to replace the efforts of the economic development program administered by the Economic Development Administration of the De- partment of Commerce.’’ PILOT PROJECT TO IMPROVE ECONOMIC ADJUSTMENT PLANNING Pub. L. 102–484, div. D, title XLIII, § 4302, Oct. 23, 1992, 106 Stat. 2698, as amended by Pub. L. 103–160, div. A, title XIII, § 1323(a), Nov. 30, 1993, 107 Stat. 1790, author- ized Secretary of Defense, during fiscal years 1993 and 1994, to conduct a pilot project to examine methods to improve the provision of economic adjustment and di- versification assistance under 10 U.S.C. 2391(b)(1) to State and local governments adversely affected by the closure of military installations, the cancellation or completion of defense contracts, or reductions in de- fense spending. DONATION OF REAL PROPERTY TO NONPROFIT ENTITIES PROVIDING SUPPORT TO CHILDREN WITH LIFE- THREATENING DISEASES Pub. L. 102–172, title VIII, § 8149, Nov. 26, 1991, 105 Stat. 1214, provided that: ‘‘(a) The Secretary of Defense, during the current fis- cal year or at any time thereafter, may make a dona- tion to an entity described in subsection (b) of a parcel of real property (including structures on such property) under the jurisdiction of the Secretary that is not cur- rently required for the needs of the Department and that the Secretary determines is needed and appro- priate for the activities of that entity. ‘‘(b) A donation under subsection (a) may be made to a nonprofit entity which provides medical, educational, and emotional support in a recreational setting to chil- dren with life-threatening diseases and their families.’’ DEFENSE ECONOMIC ADJUSTMENT, DIVERSIFICATION, CONVERSION, AND STABILIZATION Pub. L. 101–510, div. D, Nov. 5, 1990, 104 Stat. 1848, as amended by Pub. L. 102–190, div. A, title X, § 1062(c), Dec. 5, 1991, 105 Stat. 1475; Pub. L. 102–484, div. D, title XLII, § 4212(b), Oct. 23, 1992, 106 Stat. 2664; Pub. L. 104–201, div. A, title VIII, § 825, Sept. 23, 1996, 110 Stat. 2611; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(6)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–419; Pub. L. 108–136, div. A, title IX, § 932, Nov. 24, 2003, 117 Stat. 1581; Pub. L. 113–66, div. B, title XXVIII, § 2841, Dec. 26, 2013, 127 Stat. 1024, provided that: ‘‘SEC. 4001. SHORT TITLE ‘‘This division may be cited as the ‘Defense Economic Adjustment, Diversification, Conversion, and Stabiliza- tion Act of 1990’. ‘‘SEC. 4002. FINDINGS AND POLICY ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) There are likely to be significant reductions in the programs, projects, and activities of the Depart- ment of Defense during the first several fiscal years following fiscal year 1990. ‘‘(2) Such reductions will adversely affect the economies of many communities in the United States and small businesses and civilian workers throughout the United States. ‘‘(b) POLICY.—In view of the findings expressed in sub- section (a), it is the policy of the United States that— ‘‘(1) assistance be provided under existing planning assistance programs and economic adjustment assist- ance programs of the Federal Government to substan- tially and seriously affected communities, businesses, and workers to the extent necessary to facilitate an orderly transition for such communities, small busi- nesses, and workers from economic reliance on De- partment of Defense spending to economic reliance on other sources of business, employment, and rev- enue; and ‘‘(2) funding for such programs be increased by amounts necessary to meet the needs of such commu- nities, small businesses, and workers without reduc- ing the funding that would otherwise be available under those programs by reason of causes unrelated to the reductions referred to in subsection (a)(1). ‘‘SEC. 4003. DEFINITIONS ‘‘For purposes of this division: ‘‘(1) The term ‘major defense contract or sub- contract’ means— ‘‘(A) any defense contract in an amount not less than $5,000,000 (without regard to the date on which the contract was awarded); and ‘‘(B) any subcontract which— ‘‘(i) is entered into in connection with a con- tract (without regard to the effective date of the subcontract); and ‘‘(ii) involves not less than $500,000. ‘‘(2) The term ‘Economic Adjustment Committee’ or ‘Committee’ means the Economic Adjustment Committee established in Executive Order 12049 (10 U.S.C. 111 note). ‘‘(3) The term ‘defense facility’ means any private or government facility producing goods or services pursuant to a defense contract. ‘‘(4) The term ‘military installation’ means a base, camp, post, station, yard, center, or homeport facil- ity for any ship in the United States, or any other fa- cility under the jurisdiction of a military department located in the United States. ‘‘(5) The term ‘substantially and seriously affected’ means— ‘‘(A) when such term is used in conjunction with the term ‘community’, a community— ‘‘(i) which has within its administrative and po- litical jurisdiction one or more military installa- tions or defense facilities or which is economi- cally affected by proximity to a military installa- tion or defense facility; ‘‘(ii) in which the actual or threatened curtail- ment, completion, elimination, or realignment of a defense contract results in a workforce reduc- tion of— ‘‘(I) 2,500 or more employee positions, in the case of a Metropolitan Statistical Area or simi- lar area (as defined by the Director of the Office of Management and Budget); ‘‘(II) 1,000 or more employee positions, in the case of a labor market area outside of a Metro- politan Statistical Area; or ‘‘(III) one percent of the total number of civil- ian jobs in that area; and ‘‘(iii) which establishes, by evidence, that any workforce reduction referred to in clause (ii) oc- curred as a direct result of changes in Depart- ment of Defense requirements or programs; ‘‘(B) when such term is used in conjunction with the term ‘businesses’ any business which— ‘‘(i) holds a major defense contract or sub- contract (or held such contract or subcontract be- fore a reduction in the defense budget); ‘‘(ii) experiences a reduction, or the threat of a reduction, of— ‘‘(I) 25 percent or more in sales or production; or ‘‘(II) 80 percent or more of the workforce of such business in any division of such business or at any plant or other facility of such business; and ‘‘(iii) establishes, by evidence, that the reduc- tions referred to in clause (ii) occurred as a direct result of a reduction in the defense budget; and Page 1918 TITLE 10—ARMED FORCES § 2391 ‘‘(C) when such term is used in conjunction with the term ‘group of workers’, any group of 100 or more workers at a defense facility who are (or who are threatened to be), eligible to participate in the defense conversion adjustment program under sec- tion 325 of the Job Training Partnership Act [29 U.S.C. 1662d] (as added by section 4202 of this divi- sion), as in effect on the day before the date of en- actment of the Workforce Investment Act of 1998 [Aug. 7, 1998]. ‘‘SEC. 4004. CONTINUATION OF ECONOMIC ADJUST- MENT COMMITTEE ‘‘(a) TERMINATION OR ALTERATION PROHIBITED.—The Economic Adjustment Committee established in Execu- tive Order 12049 (10 U.S.C. 111 note) may not be termi- nated and the duties of the Committee may not be sig- nificantly altered unless specifically authorized by a law. ‘‘(b) CHAIRMAN.—The Secretary of Defense shall be the chairman of the Committee. ‘‘(c) EXECUTIVE COUNCIL.—Until October 1, 1997, the National Defense Technology and Industrial Base Coun- cil shall function as an Executive Council of the Com- mittee. Under the direction of the chairman of the Committee, the Executive Council shall develop poli- cies and procedures to ensure that communities, busi- nesses, and workers substantially and seriously af- fected by reductions in defense expenditures are ad- vised of the assistance available to such communities, businesses, and workers under programs administered by the departments and agency comprising the Council. ‘‘(d) DUTIES OF COMMITTEE.—The Economic Adjust- ment Committee shall— ‘‘(1) coordinate and facilitate cooperative efforts among Federal agencies represented on the Com- mittee to implement defense economic adjustment programs; and ‘‘(2) serve as an information clearinghouse for and between Federal, State, and local entities regarding their defense economic adjustment efforts. ‘‘TITLE XLI—ECONOMIC ADJUSTMENT PLANNING ‘‘[SEC. 4101. Repealed. Pub. L. 104–201, div. A, title VIII, § 825, Sept. 23, 1996, 110 Stat. 2611.] ‘‘SEC. 4102. ECONOMIC ADJUSTMENT PLANNING AS- SISTANCE THROUGH THE DEPARTMENT OF DE- FENSE ‘‘(a) IN GENERAL.—Any substantially and seriously af- fected community shall be eligible for economic adjust- ment planning assistance through the Office of Eco- nomic Adjustment in the Department of Defense under subsection (b) of section 2391 of title 10, United States Code, subject to subsection (e) of such section. Such as- sistance shall be provided in accordance with the stand- ards, procedures, and priorities established by the Com- mittee under this division. ‘‘(b) [Amended section 2391(b) of this title.] ‘‘SEC. 4103. COMMUNITY ECONOMIC ADJUSTMENT ASSISTANCE THROUGH THE ECONOMIC DEVEL- OPMENT ADMINISTRATION ‘‘(a) IN GENERAL.—A community that has been deter- mined by the Economic Development Administration of the Department of Commerce or the Office of Eco- nomic Adjustment of the Department of Defense, in ac- cordance with the standards and procedures established by the Economic Adjustment Committee, to be a sub- stantially and seriously affected community shall be eligible for economic adjustment assistance authorized under title IX of the Public Works and Economic De- velopment Act of 1965 [42 U.S.C. 3241 et seq.], subject to the availability of appropriations for such purpose and subject to meeting the eligibility requirements of such title. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of De- fense for fiscal year 1991 $50,000,000 for purposes of car- rying out subsection (a). Any amount appropriated pur- suant to this subsection shall remain available until expended. ‘‘TITLE XLII—ADJUSTMENT ASSISTANCE FOR EMPLOYEES ‘‘[SEC. 4201. Repealed. Pub. L. 104–201, div. A, title VIII, § 825, Sept. 23, 1996, 110 Stat. 2611.] ‘‘SEC. 4202. DEFENSE CONVERSION ADJUSTMENT PROGRAM ‘‘[Enacted section 1662d of Title 29, Labor.] ‘‘SEC. 4203. AUTHORIZATION OF APPROPRIATIONS ‘‘(a) AUTHORIZATION.—There are authorized to be ap- propriated to the Secretary of Defense $150,000,000 for fiscal year 1991 to carry out section 4201 and the amend- ment made by section 4202. Amounts appropriated pur- suant to this subsection shall remain available until expended. ‘‘(b) ADMINISTRATIVE EXPENSES.—Of amounts appro- priated pursuant to this section, not more than five percent may be retained by the Secretary of Labor for the administration of the activities authorized by the amendment made by section 4202. ‘‘TITLE XLIII—EXPANSION OF BUSINESS CAPITAL ASSISTANCE PROGRAMS ‘‘SEC. 4301. EXPANSION OF SMALL BUSINESS LOAN PROGRAM ‘‘Not later than 180 days after the date of the enact- ment of this Act [Nov. 5, 1990], the President, acting with the assistance of the Committee and after con- sulting experts in government and the private sector, shall transmit to the Congress recommendations re- garding ways that assistance provided pursuant to the business loan program under section 7(a) of the Small Business Act of 1958 [15 U.S.C. 636(a)] may be used to re- spond to the consequences of defense budget reductions. ‘‘SEC. 4302. ECONOMIC PLANNING ASSISTANCE FOR EXCEPTIONAL PROJECTS ‘‘(a) ASSISTANCE AUTHORIZED.—The Economic Devel- opment Administration, in the case of assistance under title IX of the Public Works and Economic Develop- ment Act of 1965 [42 U.S.C. 3241 et seq.], and the Office of Economic Adjustment, in the case of planning assist- ance under section 2391(b) of title 10, United States Code, may award planning assistance under those pro- grams to any substantially and seriously affected com- munity, on behalf of a business, group of businesses, or group of workers, if such planning funds are determined by the agency concerned to be necessary and appro- priate as a catalyst for projects which the agency de- termines, on a case-by-case basis, have exceptional promise for achieving the objectives of this division. ‘‘(b) CONDITIONS ON ASSISTANCE.—Awards under this section shall be subject to the availability of appropria- tions for such purpose and shall be made in accordance with any other applicable provisions of law. ‘‘SEC. 4303. EXPANSION OF EXPORT FINANCING FOR GOODS AND SERVICES PRODUCED BY FIRMS AND EMPLOYEES FORMERLY ENGAGED IN DEFENSE PRODUCTION ‘‘(a) EXPORT-IMPORT BANK.— ‘‘(1) SENSE OF CONGRESS ON PLAN FOR EXPANSION.—It is the sense of Congress that the United States busi- nesses undergoing transition from defense production to nondefense production will need assistance in seiz- ing export markets overseas. Therefore, in order to provide financial support for such businesses, as well as meeting other normal demands on its resources, the annual direct lending authority of the Export-Im- port Bank of the United States should be increased by at least 150 percent from the fiscal year 1990 level over the five-year period beginning October 1, 1990. ‘‘(2) REPORT OF FEASIBILITY.—Before September 30, 1990, the President, acting with the assistance of the Committee and after consulting the Board of Direc- tors of the Export-Import Bank of the United States and other experts in government and the private sec- tor, shall transmit to the Congress a report assessing the feasibility and desirability of a program for in- Page 1919 TITLE 10—ARMED FORCES § 2391 creasing the amount of direct loan authority in the manner described in paragraph (1) and the factors considered in making such assessment. ‘‘(3) TRANSITION TO NONDEFENSE PRODUCTION RE- QUIRED TO BE CONSIDERED.—In determining whether to provide financial support for an export transaction, the Export-Import Bank of the United States shall take into account, to the extent feasible and in ac- cordance with applicable standards and procedures established by the bank in consultation with the Committee, the fact that the product or service is produced or provided by any business or group of workers which— ‘‘(A) was substantially and seriously affected by defense budget reductions; and ‘‘(B) is in transition from defense to nondefense production. ‘‘(b) SBA USE OF AUTHORITY FOR EXPORT FINANCING ASSISTANCE.—In determining whether to provide finan- cial or other assistance under the Small Business Act [15 U.S.C. 631 et seq.], title VIII of the Omnibus Trade and Competitiveness Act of 1988 [Pub. L. 100–418, see Short Title of 1988 Amendments note set out under sec- tion 631 of Title 15, Commerce and Trade], or any pro- gram referred to in section 4301 to any small business involved in, or attempting to become involved in, the export of any product or service, the Administrator of the Small Business Administration shall take into ac- count the fact that such product or service is produced or provided by any business or group of workers which— ‘‘(1) has been substantially and seriously affected by defense budget reductions; and ‘‘(2) is in transition from defense to nondefense pro- duction. ‘‘(c) COORDINATION AND INTEGRATION OF ACTIVITIES AND ASSISTANCE WITH OTHER AGENCIES.—In providing additional financial assistance pursuant to any in- crease in loan authority under this division— ‘‘(1) Federal agencies concerned with international trade shall participate in the process of coordination conducted by the Committee pursuant to section 4004(c)(1); and ‘‘(2) such Federal agencies shall attempt, to the maximum extent practicable, to coordinate and inte- grate the activities and assistance of the agencies in support of exports, including financial assistance in the form of direct loans, loan guarantees, and insur- ance, general trade promotion, marketing assistance, and marketing and commercial information, in a manner consistent with the purposes of this division (and the amendments made by this division to other provisions of law). ‘‘(d) REPORTING.—The annual reports made by the Ex- port-Import Bank of the United States and the Admin- istrator of the Small Business Administration and the annual economic stabilization and adjustment report under section 4004(c)(3) of this division shall include a description of the extent to which the bank and the Ad- ministrator are— ‘‘(1) providing financing described in subsections (a)(2) and (b), respectively, to businesses or groups of workers which were substantially and seriously af- fected by defense budget reductions; and ‘‘(2) coordinating and integrating export support and financing activities with other Federal agencies. ‘‘SEC. 4304. BENEFIT INFORMATION FOR BUSI- NESSES ‘‘(a) INFORMATION REQUIRED TO BE PROVIDED.—The Secretary of Commerce and the Administrator of the Small Business Administration shall provide any busi- ness affected by defense budget reductions with a com- plete description of available programs which provide any business, whether on an industrywide or an indi- vidual basis, with any planning assistance, financial, technical, or managerial assistance, worker retraining assistance, or other assistance authorized under this di- vision. ‘‘(b) EFFECTIVE NOTIFICATION SYSTEM.—The Secretary of Commerce and the Administrator of the Small Busi- ness Administration shall take such action as may be appropriate to ensure, to the maximum extent prac- ticable, that each business affected by defense budget reductions receives the information required to be pro- vided under subsection (a) on a timely basis.’’ COMMISSION ON ALTERNATIVE UTILIZATION OF MILITARY FACILITIES Section 2819 of Pub. L. 100–456, as amended by Pub. L. 101–510, div. B, title XXIX, § 2922(a), Nov. 5, 1990, 104 Stat. 1820, established Commission on Alternative Uti- lization of Military Facilities and required Commission to submit reports to President and Congress not later than Sept. 1 of every second year through fiscal year 1996, prior to repeal by Pub. L. 105–261, div. A, title X, § 1031(b), Oct. 17, 1998, 112 Stat. 2123. SUBMISSION DATE FOR FIRST REPORT Pub. L. 97–86, title IX, § 912(c), Dec. 1, 1981, 95 Stat. 1123, required the first report under subsec. (c) of this section to be submitted not later than Dec. 1, 1982. Executive Documents EX. ORD. NO. 12682. COMMISSION ON ALTERNATIVE UTILIZATION OF MILITARY FACILITIES Ex. Ord. No. 12682, July 7, 1989, 54 F.R. 29315, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including section 2819 of the Military Construction Au- thorization Act, 1989 (Public Law 100–456) [10 U.S.C. 2391 note], it is hereby ordered as follows: SECTION 1. (a) I hereby establish the Commission on Alternative Utilization of Military Facilities (‘‘Com- mission’’). (b) The Commission shall consist of a representative of the Department of Defense designated by the Sec- retary of Defense, a representative of the Federal Bu- reau of Prisons designated by the Attorney General, a representative of the National Institute on Drug Abuse designated by the Secretary of Health and Human Serv- ices, a representative of the General Services Adminis- tration designated by the Administrator of General Services, a representative of the Department of Hous- ing and Urban Development designated by the Sec- retary of Housing and Urban Development, and a rep- resentative of the Office of National Drug Control Pol- icy designated by the Director of the Office of National Drug Control Policy. The representative of the Depart- ment of Defense shall chair the Commission. (c) The Secretary of Defense shall provide such per- sonnel and support to the Commission as the Secretary determines is necessary to accomplish its mission. SEC. 2. (a) Subject to subsection (b), the Secretary of Defense shall prepare and submit to the Commission re- ports listing active and nonactive military facilities that are underutilized in whole or in part or otherwise excess to the needs of the Department of Defense. (b) The first such report shall be prepared and sub- mitted as soon as possible for inclusion in the first re- port of the Commission. The second report shall be pre- pared and submitted on January 30, 1990, and suc- ceeding reports shall be prepared and submitted every other year commencing on January 30, 1992, and con- tinuing until January 30, 1996. SEC. 3. (a) Subject to subsection (b), the Commission shall submit a report to the President and then to the Congress that identifies those facilities, or parts of fa- cilities, from the list submitted by the Secretary of De- fense under Section 2 that could be effectively utilized or renovated to serve as: (1) minimum security facilities for nonviolent pris- oners, (2) drug treatment facilities for nonviolent drug abus- ers, and (3) facilities to assist the homeless. (b) The first report of the Commission shall be sub- mitted to the President and then to the Congress by September 1, 1989. The second, and succeeding reports Page 1920 TITLE 10—ARMED FORCES § 2391 of the Commission, shall be submitted to the President and then to the Congress no later than September 1, 1990, and every second year through September 1, 1996. GEORGE BUSH. EX. ORD. NO. 12788. DEFENSE ECONOMIC ADJUSTMENT PROGRAM Ex. Ord. No. 12788, Jan. 15, 1992, 57 F.R. 2213, as amended by Ex. Ord. No. 13286, § 33, Feb. 28, 2003, 68 F.R. 10625; Ex. Ord. No. 13378, May 12, 2005, 70 F.R. 28413, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including 10 U.S.C. 2391 and the Defense Eco- nomic Adjustment, Diversification, Conversion, and Stabilization Act of 1990, enacted as Division D, section 4001 et seq., of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101–510 [set out above], and to provide coordinated Federal economic adjust- ment assistance necessitated by changes in Department of Defense activities, it is hereby ordered as follows: SECTION 1. Function of the Secretary of Defense. The Secretary of Defense shall, through the Economic Ad- justment Committee, design and establish a Defense Economic Adjustment Program. SEC. 2. Purpose of the Defense Economic Adjustment Pro- gram. The Defense Economic Adjustment Program shall (1) assist substantially and seriously affected commu- nities, businesses, and workers from the effects of major Defense base closures, realignments, and Defense contract-related adjustments, and (2) assist State and local governments in preventing the encroachment of civilian communities from impairing the operational utility of military installations. SEC. 3. Functions of the Defense Economic Adjustment Program. The Defense Economic Adjustment Program shall: (a) Identify problems of States, regions, metropolitan areas, or communities that result from major Defense base closures, realignments, and Defense contract-re- lated adjustments, and the encroachment of the civil- ian community on the mission of military installations and that require Federal assistance; (b) Use and maintain a uniform socioeconomic im- pact analysis to justify the use of Federal economic ad- justment resources, prior to particular realignments; (c) Apply consistent policies, practices, and proce- dures in the administration of Federal programs that are used to assist Defense-affected States, regions, met- ropolitan areas, communities, and businesses; (d) Identify and strengthen existing agency mecha- nisms to coordinate employment opportunities for dis- placed agency personnel; (e) Identify and strengthen existing agency mecha- nisms to improve reemployment opportunities for dis- located Defense industry personnel; (f) Assure timely consultation and cooperation with Federal, State, regional, metropolitan, and community officials concerning Defense-related impacts on De- fense-affected communities’ problems; (g) Assure coordinated interagency and intergovern- mental adjustment assistance concerning Defense im- pact problems; (h) Prepare, facilitate, and implement cost-effective strategies and action plans to coordinate interagency and intergovernmental economic adjustment efforts; (i) Encourage effective Federal, State, regional, met- ropolitan, and community cooperation and concerted involvement of public interest groups and private sec- tor organizations in Defense economic adjustment ac- tivities; (j) Serve as a clearinghouse to exchange information among Federal, State, regional, metropolitan, and community officials involved in the resolution of com- munity economic adjustment problems. Such informa- tion may include, for example, previous studies, tech- nical information, and sources of public and private fi- nancing; (k) Assist in the diversification of local economies to lessen dependence on Defense activities; (l) Encourage and facilitate private sector interim use of lands and buildings to generate jobs as military activities diminish;, [sic] (m) Develop ways to streamline property disposal procedures to enable Defense-impacted communities to acquire base property to generate jobs as military ac- tivities diminish; and (n) Encourage resolution of regulatory issues that impede encroachment prevention and local economic adjustment efforts. SEC. 4. Economic Adjustment Committee. (a) Membership. The Economic Adjustment Com- mittee (‘‘Committee’’) shall be composed of the fol- lowing individuals, or a designated principal deputy of these individuals, and such other individuals from the executive branch as the President may designate. Such individuals shall include the: (1) Secretary of Agriculture; (2) Attorney General; (3) Secretary of Commerce; (4) Secretary of Defense; (5) Secretary of Education; (6) Secretary of Energy; (7) Secretary of Health and Human Services; (8) Secretary of Housing and Urban Development; (9) Secretary of the Interior; (10) Secretary of Labor; (11) Secretary of State; (12) Secretary of Transportation; (13) Secretary of the Treasury; (14) Secretary of Veterans Affairs; (15) Secretary of Homeland Security; (16) Chairman, Council of Economic Advisers; (17) Director of the Office of Management and Budget; (18) Director of the Office of Personnel Management; (19) Administrator of the Environmental Protection Agency; (20) Administrator of General Services; (21) Administrator of the Small Business Administra- tion; and, (22) Postmaster General. (b) Chairman. The Secretary of Defense, or the Sec- retary’s designee, shall chair the Committee. (c) Vice Chairman. The Secretaries of Labor and Com- merce shall serve as Vice Chairmen of the Committee. The Vice Chairmen shall co-chair the Committee in the absence of both the Chairman and the Chairman’s des- ignee and may also preside over meetings of designated representatives of the concerned executive agencies. (d) Executive Director. The head of the Department of Defense’s Office of Economic Adjustment shall provide all necessary policy and administrative support for the Committee and shall be responsible for coordinating the application of the Defense Economic Adjustment Program to Department of Defense activities. (e) Duties. The Committee shall: (1) Advise, assist, and support the Defense Economic Adjustment Program; (2) Develop procedures for ensuring that State, re- gional, and community officials and representatives of organized labor in those States, municipalities, local- ities, or labor organizations that are substantially and seriously affected by changes in Defense expenditures, realignments or closures, or cancellation or curtail- ment of major Defense contracts, are notified of avail- able Federal economic adjustment programs; and, (3) Report annually to the President and then to the Congress on the work of the Economic Adjustment Committee during the preceding fiscal year. SEC. 5. Responsibilities of Executive Agencies. (a) The head of each agency represented on the Com- mittee shall designate an agency representative to: (1) Serve as a liaison with the Secretary of Defense’s economic adjustment staff; (2) Coordinate agency support and participation in economic adjustment assistance projects; and, (3) Assist in resolving Defense-related impacts on De- fense-affected communities. (b) All executive agencies shall: (1) Support, to the extent permitted by law, the eco- nomic adjustment assistance activities of the Sec- Page 1921 TITLE 10—ARMED FORCES [§ 2395 retary of Defense. Such support may include the use and application of personnel, technical expertise, legal authorities, and available financial resources. This sup- port may be used, to the extent permitted by law, to provide a coordinated Federal response to the needs of individual States, regions, municipalities, and commu- nities adversely affected by necessary Defense changes; (2) Afford priority consideration to requests from De- fense-affected communities for Federal technical as- sistance, financial resources, excess or surplus prop- erty, or other requirements, that are part of a com- prehensive plan used by the Committee. SEC. 6. Judicial Review. This order shall not be inter- preted to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, its agents, or any person. SEC. 7. Construction. (a) Nothing in this order shall be construed as subjecting any function vested by law in, or assigned pursuant to law to, any agency or head thereof to the authority of any other agency or officer or as abrogating or restricting any such function in any manner. (b) This order shall be effective immediately and shall supersede Executive Order No. 12049. [Amendment by Ex. Ord. 13378 directing insertion of ‘‘and’’ after ‘‘diminish;’’ in section 3(m) of Ex. Ord. 12788, was executed by substituting ‘‘; and’’ for the comma after ‘‘diminish’’.] § 2392. Process for strategic basing actions for the Department of the Air Force (a) PROGRAMMATIC BASING DECISIONS PROHIB- ITED.—The Secretary of the Air Force (or a des- ignee) shall not make any basing decision dur- ing the resource allocation plan or program ob- jective memorandum process. (b) QUARTERLY BRIEFINGS.—Not later than 90 days after the date of the enactment of this sec- tion, and quarterly thereafter, the Secretary of the Air Force (or a designee) shall brief the con- gressional defense committees on the following: (1) Strategic basing actions approved by the strategic basing panel for review by the stra- tegic basing executive steering group during the quarter covered by the briefing. (2) For each strategic basing action not cov- ered by a previous briefing, a description of the criteria for selection of candidate location for each such strategic basing action and how each criterion will be applied to the candidate locations to determine preferred location. (3) Updates regarding candidate locations, preferred locations, and the final location se- lected for each strategic basing action covered by the briefing. (4) Any strategic basing actions with pro- jected decision dates that will occur before the next scheduled briefing under this subsection. (c) ADDITIONAL BRIEFINGS.—Upon request by either the Committee on Armed Services of the House of Representatives or of the Senate, the Secretary of the Air Force (or a designee) shall provide to such Committee a briefing on the in- formation described in subsection (b). (d) POST-BRIEFING CHANGES.—The Secretary of the Air Force (or a designee) shall notify the congressional defense committees, not later than seven days after the effective date of a change, if such change is a change— (1) to the selection criteria or the applica- tion of selection criteria, that would result in a different decision than briefed under sub- section (b) regarding the enterprise definition, identified candidate locations, or identified preferred location; or (2) to the governance process used to oversee a strategic basing action. (e) OVERSEAS STRATEGIC BASING ACTIONS.— With respect to a strategic basing action relat- ing to a military installation located outside of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or Guam, a no- tification required under this section may be provided in a classified form. (f) DEFINITIONS.—In this section, the terms ‘‘enterprise definition’’, ‘‘program objective memorandum process’’, ‘‘resource allocation plan’’, ‘‘strategic basing action’’, ‘‘strategic bas- ing executive steering group’’, and ‘‘strategic basing panel’’ have the meanings given, respec- tively, under the Department of the Air Force Instruction 10–503 (issued June 12, 2023, as in ef- fect on November 1, 2024). (Added Pub. L. 118–159, div. B, title XXVIII, § 2803(a), Dec. 23, 2024, 138 Stat. 2247.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 118–159, which was approved Dec. 23, 2024. PRIOR PROVISIONS A prior section 2392 was renumbered section 4653 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 118–159, div. B, title XXVIII, § 2803(b), Dec. 23, 2024, 138 Stat. 2248, provided that: ‘‘This section [enact- ing this section] and the amendments made by this sec- tion shall apply with respect to strategic basing ac- tions (as defined in section 2392 of title 10, United States Code, as added by this section) made by the Sec- retary of the Air Force on or after the date of the en- actment of this Act [Dec. 23, 2024].’’ [§ 2393. Renumbered § 4654] [§ 2394. Renumbered § 2922a] Editorial Notes CODIFICATION Another section 2394 was renumbered section 2395 of this title. [§ 2394a. Renumbered § 2922b] [§ 2395. Renumbered § 3132] Editorial Notes CODIFICATION Another section 2395 was renumbered section 2396 of this title.