
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2391]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 2391. Military base reuse studies and community planning 
        assistance
        
    (a) Reuse Studies.--Whenever the Secretary of Defense or the 
Secretary of the military department concerned publicly announces that a 
military installation is a candidate for closure or that a final 
decision has been made to close a military installation and the 
Secretary of Defense determines, because of the location, facilities, or 
other particular characteristics of the installation, that the 
installation may be suitable 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 National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), in connection with such 
installation and such potential use as may be necessary to provide 
information sufficient to make sound conclusions and recommendations 
regarding the possible use of the installation.
    (b) Adjustment and Diversification Assistance.--(1) 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 in order to assist State and local 
governments in planning community adjustments and economic 
diversification required (A) by the proposed or actual establishment, 
realignment, or closure of a military installation, (B) by the 
cancellation or termination of a Department of Defense contract or the 
failure to proceed with an approved major weapon system program, (C) by 
a publicly announced planned major reduction in Department of Defense 
spending that would directly and adversely affect a community, (D) by 
the encroachment of a civilian community on a military installation, or 
(E) by the closure or the significantly reduced operations of a defense 
facility as the result of the merger, acquisition, or consolidation of 
the defense contractor operating the defense facility, if the Secretary 
determines that an action described in clause (A), (B), (C), or (E) is 
likely to have a direct and significantly adverse consequence on the 
affected community or, in the case of an action described in clause (D), 
if the Secretary determines that the encroachment of the civilian 
community is likely to impair the continued operational utility of the 
military installation.
    (2) In the case of the establishment or expansion of a military 
installation, assistance may be made under paragraph (1) only if (A) 
community impact assistance or special impact assistance is not 
otherwise available, and (B) the establishment or expansion involves the 
assignment to the installation of (i) more than 2,000 military, 
civilian, and contractor Department of Defense personnel, or (ii) more 
military, civilian, and contractor Department of Defense personnel 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 significantly reduced 
operations of a defense facility, the cancellation or termination of a 
Department of Defense contract, or the failure to proceed with a 
previously approved major defense acquisition program, assistance may be 
made under paragraph (1) only if the reduction, cancellation, 
termination, or failure will have a direct and significant adverse 
impact on a 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 Statistical Area; or
        (C) one percent of the total number of civilian jobs in that 
    area.

    (4)(A) In the case of a State or local government eligible for 
assistance under paragraph (1), the Secretary of Defense may also make 
grants, conclude cooperative agreements, and supplement other Federal 
funds in order to assist the State or local government to carry out a 
community adjustment and economic diversification program (including 
State industrial extension or modernization efforts to facilitate the 
economic diversification of defense contractors and subcontractors) in 
addition to planning such a program.
    (B) The Secretary shall establish criteria for the selection of 
community adjustment and economic diversification programs to receive 
assistance 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 defense contractors and subcontractors 
    that seek modernization or diversification assistance; 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 paragraph 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 
assist a State or local government in planning community adjustments and 
economic diversification even though the State or local government is 
not currently eligible for assistance under paragraph (1) if the 
Secretary determines that a substantial portion of the economic activity 
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 
assist a State in enhancing its capacities--
        (i) to assist communities, businesses, and workers adversely 
    affected by an action described in paragraph (1);
        (ii) to support local adjustment and diversification 
    initiatives; and
        (iii) to stimulate cooperation between statewide and local 
    adjustment and diversification efforts.

    (C) The Secretary of Defense may also make grants, conclude 
cooperative agreements, and supplement other Federal funds in order to 
assist a State or local government in enhancing the capabilities of the 
government to support efforts 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 provide 
such services is adversely affected by an action described in paragraph 
(1).
    (6) Funds provided to State and local governments and regional 
organizations under this section 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 paragraph (1).
    (7) To the extent practicable, the Secretary of Defense shall inform 
a State or local government applying for assistance under this 
subsection of the approval or rejection by the Secretary of the 
application for such assistance as follows:
        (A) Before the end of the 7-day period beginning on the date on 
    which the Secretary receives the application, in the case of an 
    application for a planning grant.
        (B) Before the end of the 30-day period beginning on such date, 
    in the case of an application 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 subsection (f)(1).
    (B) If an application under paragraph (7) is rejected by the 
Secretary, the Secretary shall promptly inform the State or local 
government of the reasons for the rejection of the application.
    (c) Annual Report.--The Secretary 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 received 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 
government, and regional organization.
    (d) Definitions.--In this section:
        (1) 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 Commonwealth of Puerto Rico, 
    or Guam.
        (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 development of feasibility studies and 
    business plans for market diversification within a community 
    adversely affected by an action described in clause (A), (B), (C), 
    or (E) of subsection (b)(1) by adversely affected businesses and 
    labor organizations located in the community.

    (e) 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 appropriations for that purpose.

(Added Pub. L. 97-86, title IX, Sec. 912(a)(1), Dec. 1, 1981, 95 Stat. 
1122; amended Pub. L. 98-115, title VIII, Sec. 808, Oct. 11, 1983, 97 
Stat. 789; Pub. L. 100-26, Sec. 7(k)(3), Apr. 21, 1987, 101 Stat. 284; 
Pub. L. 100-456, div. B, title XXVIII, Sec. 2805, Sept. 29, 1988, 102 
Stat. 2116; Pub. L. 101-510, div. D, title XLI, Sec. 4102(b), Nov. 5, 
1990, 104 Stat. 1851; Pub. L. 102-25, title VII, Sec. 701(j)(3), Apr. 6, 
1991, 105 Stat. 116; Pub. L. 102-484, div. A, title X, Sec. 1052(28), 
div. D, title XLIII, Sec. 4301(a)-(c), Oct. 23, 1992, 106 Stat. 2500, 
2696, 2697; Pub. L. 103-35, title II, Sec. 202(a)(15), May 31, 1993, 107 
Stat. 101; Pub. L. 103-160, div. B, title XXIX, Sec. 2913, Nov. 30, 
1993, 107 Stat. 1925; Pub. L. 103-337, div. A, title XI, Secs. 1122(a), 
1123(a), (b), Oct. 5, 1994, 108 Stat. 2870, 2871; Pub. L. 104-106, div. 
A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 104-
201, div. B, title XXVIII, Sec. 2814, Sept. 23, 1996, 110 Stat. 2790; 
Pub. L. 105-85, div. B, title XXVIII, Sec. 2822, Nov. 18, 1997, 111 
Stat. 1997; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 
113 Stat. 774.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, 
which is classified generally to chapter 55 (Sec. 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.


                               Amendments

    1999--Subsec. (c). Pub. L. 106-65 substituted ``and the Committee on 
Armed Services'' for ``and the Committee on National Security''.
    1997--Subsec. (b)(5)(C). Pub. L. 105-85 added subpar. (C).
    1996--Subsec. (b)(5). Pub. L. 104-201 designated existing 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, Sec. 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, Sec. 1123(a)(1), (b), redesignated 
par. (7) as (8) and substituted ``paragraph (7)'' for ``paragraph (6)'' 
in subpars. (A) and (B).
    Subsec. (d)(3). Pub. L. 103-337, Sec. 1122(a), added par. (3).
    1993--Subsec. (b)(1). Pub. L. 103-35 made technical amendment to 
directory language of Pub. L. 102-484, Sec. 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, Sec. 4301(c)(1), inserted 
heading.
    Subsec. (b). Pub. L. 102-484, Sec. 4301(c)(2), inserted heading.
    Subsec. (b)(1). Pub. L. 102-484, Sec. 4301(b)(1), as amended by Pub. 
L. 103-35, substituted ``, (D)'' for ``, or (D)'', substituted ``(C), or 
(E)'' for ``or (C)'', and inserted cl. (E) before first reference to 
``if the Secretary''.
    Pub. L. 102-484, Sec. 1052(28), substituted ``publicly announced'' 
for ``publicly-announced''.
    Subsec. (b)(3). Pub. L. 102-484, Sec. 4301(b)(2), inserted ``the 
closure or significantly reduced operations of a defense facility,'' 
after ``Defense spending,'' in introductory provisions.
    Subsec. (b)(4), (5). Pub. L. 102-484, Sec. 4301(a)(1), (2), added 
par. (4) and redesignated former par. (4) as (5).
    Subsec. (c). Pub. L. 102-484, Sec. 4301(c)(3), inserted heading.
    Subsec. (d). Pub. L. 102-484, Sec. 4301(b)(3), amended subsec. (d) 
generally. Prior to amendment, subsec. (d) read as follows: ``In this 
section, 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 Commonwealth of Puerto Rico, or Guam.''
    Subsec. (e). Pub. L. 102-484, Sec. 4301(c)(4), inserted heading.
    1991--Subsec. (b)(3). Pub. L. 102-25 substituted ``publicly 
announced'' for ``publicly-announced'' and inserted 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 proceed with an approved major 
weapon system program, assistance may be made under paragraph (1) only 
if the cancellation, termination, or failure to proceed involves the 
loss of 2,500 or more full-time Department of Defense and contractor 
employee positions in the locality 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 Defense 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, Sec. 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 administered 
by agencies other than the Department of Defense in order to assist 
State and local governments, and regional organizations composed of 
State and local governments, in planning community adjustments required 
(A) by the proposed or actual establishment, realignment, 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 
approved major weapon system program, if the Secretary of Defense 
determines that the action is likely to impose a significant impact on 
the affected community.''
    Subsec. (b)(4) to (6). Pub. L. 100-456, Sec. 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''.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-35 applicable as if included 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

    Section 2702 of title XXVII of div. B of Pub. L. 100-456 provided 
that: ``Except as otherwise specifically provided, this division 
[amending this section 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

    Section 808 of Pub. L. 98-115 provided that the amendment made by 
that section is effective Oct. 1, 1983.


                       Advance Adjustment Planning

    Section 4301(d) of Pub. L. 102-484 authorized Secretary of Defense, 
during fiscal year 1993, to make grants and other assistance available 
under 10 U.S.C. 2391(b) to assist a State or local government in 
planning community adjustments and economic diversification even though 
the State or local government currently failed to meet the criteria for 
assistance under such section if the Secretary determined that a 
substantial portion of the economic activity or population of the 
geographic area to be subjected to the adjustment or diversification 
planning was dependent on Department of Defense expenditures.


      Effect of 1992 Amendments on Efforts of Economic Development 
                             Administration

    Section 4301(f) of Pub. L. 102-484 provided that: ``Nothing in this 
section [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 
Department of Commerce.''


          Pilot Project To Improve Economic Adjustment Planning

    Section 4302 of Pub. L. 102-484, as amended by Pub. L. 103-160, div. 
A, title XIII, Sec. 1323(a), Nov. 30, 1993, 107 Stat. 1790, authorized 
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 diversification 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 defense spending.


  Donation of Real Property to Nonprofit Entities Providing Support to 
                 Children With Life-Threatening Diseases

    Pub. L. 102-172, title VIII, Sec. 8149, Nov. 26, 1991, 105 Stat. 
1214, provided that:
    ``(a) The Secretary of Defense, during the current fiscal year or at 
any time thereafter, may make a donation 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 
currently required for the needs of the Department and that the 
Secretary determines is needed and appropriate 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 children 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, Sec. 1062(c), Dec. 5, 1991, 105 Stat. 
1475; Pub. L. 102-484, div. D, title XLII, Sec. 4212(b), Oct. 23, 1992, 
106 Stat. 2664; Pub. L. 104-201, div. A, title VIII, Sec. 825, Sept. 23, 
1996, 110 Stat. 2611; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
Sec. 405(d)(6)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-419, provided 
that:
``SEC. 4001. SHORT TITLE
    ``This division may be cited as the `Defense Economic Adjustment, 
Diversification, Conversion, and Stabilization Act of 1990'.
``SEC. 4002. FINDINGS AND POLICY
    ``(a) Findings.--Congress makes the following findings:
        ``(1) There are likely to be significant reductions in the 
    programs, projects, and activities of the Department 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 subsection (a), 
it is the policy of the United States that--
        ``(1) assistance be provided under existing planning assistance 
    programs and economic adjustment assistance programs of the Federal 
    Government to substantially and seriously affected communities, 
    businesses, and workers to the extent necessary to facilitate an 
    orderly transition for such communities, small businesses, and 
    workers from economic reliance on Department of Defense spending to 
    economic reliance on other sources of business, employment, and 
    revenue; and
        ``(2) funding for such programs be increased by amounts 
    necessary to meet the needs of such communities, small businesses, 
    and workers without reducing 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 subcontract' 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 contract 
            (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 facility for any ship in the 
    United States, or any other facility 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 political 
            jurisdiction one or more military installations or defense 
            facilities or which is economically affected by proximity to 
            a military installation or defense facility;
                ``(ii) in which the actual or threatened curtailment, 
            completion, elimination, or realignment of a defense 
            contract results in a workforce reduction of--
          ``(I) 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);
          ``(II) 1,000 or more employee positions, in the case of a 
                labor market area outside of a Metropolitan Statistical 
                Area; or
          ``(III) one percent of the total number of civilian jobs in 
                that area; and
                ``(iii) which establishes, by evidence, that any 
            workforce reduction referred to in clause (ii) occurred as a 
            direct result of changes in Department 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 subcontract (or 
            held such contract or subcontract before 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 reductions 
            referred to in clause (ii) occurred as a direct result of a 
            reduction in the defense budget; and
            ``(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 section 325 of the Job Training Partnership Act [29 U.S.C. 
        1662d] (as added by section 4202 of this division), as in effect 
        on the day before the date of enactment of the Workforce 
        Investment Act of 1998 [Aug. 7, 1998].
``SEC. 4004. CONTINUATION OF ECONOMIC ADJUSTMENT COMMITTEE
    ``(a) Termination or Alteration Prohibited.--The Economic Adjustment 
Committee established in Executive Order 12049 (10 U.S.C. 111 note) may 
not be terminated and the duties of the Committee may not be 
significantly altered unless specifically authorized by a law.
    ``(b) Chairman.--Until October 1, 1997, the Secretary of Defense 
shall be the chairman of the Committee. After that, the chairmanship 
shall rotate annually among the Secretary of Defense, Secretary of 
Labor, and the Secretary of Commerce.
    ``(c) Executive Council.--Until October 1, 1997, the National 
Defense Technology and Industrial Base Council shall function as an 
Executive Council of the Committee. Under the direction of the chairman 
of the Committee, the Executive Council shall develop policies and 
procedures to ensure that communities, businesses, and workers 
substantially and seriously affected by reductions in defense 
expenditures are advised 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 Adjustment Committee 
shall--
        ``(1) coordinate and facilitate cooperative efforts among 
    Federal agencies represented on the Committee to implement defense 
    economic adjustment programs;
        ``(2) serve as an information clearinghouse for and between 
    Federal, State, and local entities regarding their defense economic 
    adjustment efforts; and
        ``(3) submit to the President and Congress, not later than 
    December 1, 1991, and each December 1 thereafter, a report that--
            ``(A) describes Federal economic adjustment programs 
        available to communities, businesses, and groups of workers;
            ``(B) describes the implementation of defense economic 
        adjustment assistance during the preceding fiscal year; and
            ``(C) specifies the number of communities, businesses, and 
        workers affected by defense budget reductions during the 
        preceding fiscal year and such number assisted by Federal 
        economic adjustment programs during that fiscal year.

            ``TITLE XLI--ECONOMIC ADJUSTMENT PLANNING

``[SEC. 4101. Repealed. Pub. L. 104-201, div. A, title VIII, Sec. 825, 
        Sept. 23, 1996, 110 Stat. 2611.]
``SEC. 4102. ECONOMIC ADJUSTMENT PLANNING ASSISTANCE THROUGH THE 
        DEPARTMENT OF DEFENSE
    ``(a) In General.--Any substantially and seriously affected 
community shall be eligible for economic adjustment planning assistance 
through the Office of Economic 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 assistance shall be 
provided in accordance with the standards, procedures, and priorities 
established by the Committee under this division.
    ``(b) [Amended section 2391(b) of this title.]
``SEC. 4103. COMMUNITY ECONOMIC ADJUSTMENT ASSISTANCE THROUGH THE 
        ECONOMIC DEVELOPMENT ADMINISTRATION
    ``(a) In General.--A community that has been determined by the 
Economic Development Administration of the Department of Commerce or the 
Office of Economic Adjustment of the Department of Defense, in 
accordance with the standards and procedures established by the Economic 
Adjustment Committee, to be a substantially and seriously affected 
community shall be eligible for economic adjustment assistance 
authorized under title IX of the Public Works and Economic Development 
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 Defense for fiscal year 1991 
$50,000,000 for purposes of carrying out subsection (a). Any amount 
appropriated pursuant 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, Sec. 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 appropriated to the 
Secretary of Defense $150,000,000 for fiscal year 1991 to carry out 
section 4201 and the amendment made by section 4202. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.
    ``(b) Administrative Expenses.--Of amounts appropriated 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 enactment of this 
Act [Nov. 5, 1990], the President, acting with the assistance of the 
Committee and after consulting experts in government and the private 
sector, shall transmit to the Congress recommendations regarding 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 respond to the consequences of defense budget reductions.
``SEC. 4302. ECONOMIC PLANNING ASSISTANCE FOR EXCEPTIONAL PROJECTS
    ``(a) Assistance Authorized.--The Economic Development 
Administration, in the case of assistance under title IX of the Public 
Works and Economic Development Act of 1965 [42 U.S.C. 3241 et seq.], and 
the Office of Economic Adjustment, in the case of planning assistance 
under section 2391(b) of title 10, United States Code, may award 
planning assistance under those programs to any substantially and 
seriously affected community, 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 appropriate as a catalyst 
for projects which the agency determines, 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 appropriations 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 businesses undergoing transition 
    from defense production to nondefense production will need 
    assistance in seizing 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-Import 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 Directors of the Export-Import Bank of the 
    United States and other experts in government and the private 
    sector, shall transmit to the Congress a report assessing the 
    feasibility and desirability of a program for increasing 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 required 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 accordance 
    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 financial 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 section 631 of Title 15, Commerce 
and Trade], or any program 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 account 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 production.
    ``(c) Coordination and Integration of Activities and Assistance with 
Other Agencies.--In providing additional financial assistance pursuant 
to any increase 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 integrate the activities and 
    assistance of the agencies in support of exports, including 
    financial assistance in the form of direct loans, loan guarantees, 
    and insurance, 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 Export-Import Bank 
of the United States and the Administrator 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 Administrator are--
        ``(1) providing financing described in subsections (a)(2) and 
    (b), respectively, to businesses or groups of workers which were 
    substantially and seriously affected by defense budget reductions; 
    and
        ``(2) coordinating and integrating export support and financing 
    activities with other Federal agencies.
``SEC. 4304. BENEFIT INFORMATION FOR BUSINESSES
    ``(a) Information Required To Be Provided.--The Secretary of 
Commerce and the Administrator of the Small Business Administration 
shall provide any business affected by defense budget reductions with a 
complete description of available programs which provide any business, 
whether on an industrywide or an individual basis, with any planning 
assistance, financial, technical, or managerial assistance, worker 
retraining assistance, or other assistance authorized under this 
division.
    ``(b) Effective Notification System.--The Secretary of Commerce and 
the Administrator of the Small Business Administration shall take such 
action as may be appropriate to ensure, to the maximum extent 
practicable, that each business affected by defense budget reductions 
receives the information required to be provided 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, Sec. 2922(a), Nov. 5, 1990, 104 Stat. 1820, established 
Commission on Alternative Utilization 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, Sec. 1031(b), Oct. 17, 
1998, 112 Stat. 2123.


                    Submission Date for First Report

    Section 912(c) of Pub. L. 97-86 required the first report under 
subsec. (c) of this section to be submitted not later than Dec. 1, 1982.

 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 Authorization 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 (``Commission'').
    (b) The Commission shall consist of a representative of the 
Department of Defense designated by the Secretary of Defense, a 
representative of the Federal Bureau of Prisons designated by the 
Attorney General, a representative of the National Institute on Drug 
Abuse designated by the Secretary of Health and Human Services, a 
representative of the General Services Administration designated by the 
Administrator of General Services, a representative of the Department of 
Housing and Urban Development designated by the Secretary of Housing and 
Urban Development, and a representative of the Office of National Drug 
Control Policy designated by the Director of the Office of National Drug 
Control Policy. The representative of the Department of Defense shall 
chair the Commission.
    (c) The Secretary of Defense shall provide such personnel 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 reports 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 submitted as soon as 
possible for inclusion in the first report of the Commission. The second 
report shall be prepared and submitted on January 30, 1990, and 
succeeding reports shall be prepared and submitted every other year 
commencing on January 30, 1992, and continuing 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 facilities, from the list submitted by the 
Secretary of Defense under Section 2 that could be effectively utilized 
or renovated to serve as:
    (1) minimum security facilities for nonviolent prisoners,
    (2) drug treatment facilities for nonviolent drug abusers, and
    (3) facilities to assist the homeless.
    (b) The first report of the Commission shall be submitted to the 
President and then to the Congress by September 1, 1989. The second, and 
succeeding reports 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, provided:
    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 Economic 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 
adjustment 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 Adjustment Committee, design and 
establish a Defense Economic Adjustment Program.
    Sec. 2. Purpose of the Defense Economic Adjustment Program. The 
Defense Economic Adjustment Program shall assist in the alleviation of 
serious community socioeconomic effects that result from major Defense 
base closures, realignments, and Defense contract-related adjustments, 
and the encroachment of the civilian community on the mission 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-related adjustments, and the encroachment of the 
civilian community on the mission of military installations and that 
require Federal assistance;
    (b) Use and maintain a uniform socioeconomic impact analysis to 
justify the use of Federal economic adjustment resources, prior to 
particular realignments;
    (c) Apply consistent policies, practices, and procedures in the 
administration of Federal programs that are used to assist Defense-
affected States, regions, metropolitan areas, and communities;
    (d) Identify and strengthen existing agency mechanisms to coordinate 
employment opportunities for displaced agency personnel;
    (e) Identify and strengthen existing agency mechanisms to improve 
reemployment opportunities for dislocated Defense industry personnel;
    (f) Assure timely consultation and cooperation with Federal, State, 
regional, metropolitan, and community officials concerning Defense-
related impacts on Defense-affected communities' problems;
    (g) Assure coordinated interagency and intergovernmental adjustment 
assistance concerning Defense impact 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, metropolitan, and 
community cooperation and concerted involvement of public interest 
groups and private sector organizations in Defense economic adjustment 
activities;
    (j) Serve as a clearinghouse to exchange information among Federal, 
State, regional, metropolitan, and community officials involved in the 
resolution of community economic adjustment problems. Such information 
may include, for example, previous studies, technical information, and 
sources of public and private financing;
    (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; and,
    (m) Develop ways to streamline property disposal procedures to 
enable Defense-impacted communities to acquire base property to generate 
jobs as military activities diminish.
    Sec. 4. Economic Adjustment Committee.
    (a) Membership. The Economic Adjustment Committee (``Committee'') 
shall be composed of the following 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) Chairman, Council of Economic Advisers;
    (16) Director of the Office of Management and Budget;
    (17) Director of the Office of Personnel Management;
    (18) Director of the United States Arms Control and Disarmament 
Agency;
    (19) Administrator of the Environmental Protection Agency;
    (20) Director of the Federal Emergency Management Agency;
    (21) Administrator of General Services;
    (22) Administrator of the Small Business Administration; and,
    (23) Postmaster General.
    (b) Chairman. The Secretaries of Defense, Commerce, and Labor shall 
rotate, on a yearly basis, as chairman of the Committee.
    (c) Vice Chairman. The Assistant Secretary of Defense who oversees 
the Department of Defense's Office of Economic Adjustment shall serve as 
vice chairman of the Committee. The vice chairman shall chair the 
Committee in the absence of both the chairman and the chairman's 
designee 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, regional, and 
community officials and representatives of organized labor in those 
States, municipalities, localities, or labor organizations that are 
substantially and seriously affected by changes in Defense expenditures, 
realignments or closures, or cancellation or curtailment of major 
Defense contracts, are notified of available 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 Committee 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 Defense-affected 
communities.
    (b) All executive agencies shall:
    (1) Support, to the extent permitted by law, the economic adjustment 
assistance activities of the Secretary of Defense. Such support may 
include the use and application of personnel, technical expertise, legal 
authorities, and available financial resources. This support may be 
used, to the extent permitted by law, to provide a coordinated Federal 
response to the needs of individual States, regions, municipalities, and 
communities adversely affected by necessary Defense changes;
    (2) Afford priority consideration to requests from Defense-affected 
communities for Federal technical assistance, financial resources, 
excess or surplus property, or other requirements, that are part of a 
comprehensive plan used by the Committee.
    Sec. 6. Judicial Review. This order shall not be interpreted 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.
                                                            George Bush.

    [For abolition, transfer of functions, and treatment of references 
to United States Arms Control and Disarmament Agency, see section 6511 
et seq. of Title 22, Foreign Relations and Intercourse.]
